Rule 1-071.4.Statutory stream system adjudication suits; ex parte contacts; general problems of administration
Last amended December 31, 2013 · Last verified June 26, 2026
Full Text of Rule 1-071.4
Rule History
[Provisionally approved by Supreme Court Order No. 07-8300-013 for one year, effective June 13, 2007; provisionally approved by Supreme Court Order No. 08-8300 for one additional year, effective June 9, 2008; provisionally approved by Supreme Court Order No. 09-8300-015, for one additional year, effective June 9, 2009; provisionally approved by Supreme Court Order No. 10-8300-020, for one additional year, effective June 8, 2010; approved by Supreme Court Order No. 11-8300-027, effective for new and pending cases on or after June 8, 2011; as amended by Supreme Court Order No. 13-8300-017, effective for all cases pending or filed on or after December 31, 2013.]
Committee Commentary
The unique nature of a stream system adjudication, including its complexity and size, require coordination between the courts and the state to effectively manage the adjudication. At the same time, the courts are regulated by the Code of Judicial Conduct’s prohibition against ex parte communications concerning pending matters. This rule expressly permits the court to have limited ex parte contacts with the plaintiff for the purposes of general administration and management of the adjudication.
Plain-English Summary
This rule carves a narrow exception to the ban on ex parte contacts. The Code of Judicial Conduct’s rule against ex parte communications applies to stream adjudications, except that judges, special masters, and their staff may communicate with the plaintiff on matters that do not address the merits—those relating to general problems of administration and management of a pending or impending adjudication, or the accurate reporting of water rights claims in the court’s records.
As the committee commentary notes, the size and complexity of a stream adjudication require coordination between the courts and the state, so the rule permits these limited administrative contacts.
Frequently Asked Questions
Are ex parte contacts allowed in stream adjudications?
Only in a limited way. The court may communicate ex parte with the plaintiff on administrative and management matters and the accurate reporting of water rights claims—but not on the merits of the adjudication.