Abstract
Reliance on scientific evidence in Colorado's water courts has increased substantially over the past fifty years due to: advances in scientific understanding of groundwater and the interaction between groundwater and surface water; improved technology including computer models; greater specialization of expertise; more available data than in the years prior to adoption of the Water Right Determination and Administration Act of 1969 ("the 1969 Act"); and increased competition for water. These developments have led to an increased focus in Colorado's water courts, as with courts nationwide, on the reliability of scientific evidence and expert testimony. Expert testimony in Colorado's water courts has improved over time. In 2009, the Colorado Supreme Court amended the Water Court Rules, including Rule 11 which governs the use of experts in Colorado's water courts. The 2009 Rules changed for the better how testifying experts work with each other, develop disclosures, and present testimony. However, there are still issues with expert testimony in water courts that must be better addressed, including adversarial bias among experts and the need for continuing education for testifying experts. Rule changes and better continuing education, as detailed in section 6, will help minimize pitfalls such as adversarial bias and "gaming of the system," and will improve efficiency and accuracy of water court decisions, ultimately serving the public interest.
First Page
623
Custom Citation
22 U. Denv. Water L. Rev. 623 (2018-2019)