Click the link to read the article on the Alamosa Citizen website (Chris Lopez):
July 21, 2026
Little doubt was left following the conclusion of Tuesday’s [July 21, 2026] water court session that the Subdistrict 1 Fourth Amended Plan of Water Management will ultimately be decided on appeal by the Colorado Supreme Court.
Division 3 Water Court Judge Michael Gonzales said as much as he ruled, following arguments, to allow testimony from former state engineer Kevin Rein, who is expected to testify as a rebuttal witness on Wednesday morning.
Ryan Donovan, attorney for the Northeast Water Users Association and Sustainable Water Augmentation Group which are protesting the subdistrict plan, argued that Rein should not be allowed to testify as a “lay witness” to rebut the testimony of SWAG expert witness Ken Knox.
He also told Gonzales that his comments at the conclusion of the court session on Friday, July 17, where the judge made known his interest in hearing from Rein, created the appearance of impropriety which would be grounds for appeal should Gonzales rule against NWUA and SWAG in their bid to have the plan rejected by the water court.
“Now the supporters wish to call the exact witness identified by the court to the stand and are using the court’s statement as a basis for doing so. This tells me that the supporters would not be calling Mr. Rein, but for those statements. The extent the court relies on Mr. Rein’s testimony to fill the gaps in the state’s case and Mr. Rein’s testimony serves as a basis for the court’s ruling, NWUA and SWAG certainly have a colorful issue on appeal because the statements and the proponent’s subsequent action in response to those statements create the appearance of impropriety,” Donovan said.
In making his ruling that Rein could testify and that Rein’s testimony would be part of the court’s deliberations, Gonzales told Donovan and Subdistrict 1 attorney Pete Ampe that from his perspective, it’s felt that all sides have been working toward an appeal rather than to convince him.
“Pretty much all the evidence I’ve heard for the last three weeks has been cumulative, could be considered a waste of time and confusing. The same argument you just made for the evidence that I potentially could hear from Mr. Rein … I’ve let you guys present as much evidence as possible. I think maybe I have sustained two objections the entirety of the trial so that all the evidence comes in so the court has a basis to make what I would call a very ‘unenviable decision’ to quote language used by others and to be able to rely on enough information, sufficient information.
“I’ve let it all come in. I haven’t stopped, really, anybody from presenting any evidence during the course of these proceedings. Quite frankly, I will tell you from my perspective…it’s felt like no one really has been concerned as to what decision this court is going to make because you’ve been setting up an appeal from the very beginning on both sides, on all sides.That’s what it’s felt like,” Gonzales said.
Earlier in the day, Jake Burris, president of the Subdistrict 1 Board of Managers, and Subdistrict 1 farmer Lyle Nissen testified in support of the Fourth Amended Plan as rebuttal witnesses to testimony from farmers SWAG put on the witness stand.
Nissen walked the court through all the ways he has retooled his farming operation in light of the declining unconfined aquifer.
“It is a different day, a different time. We’ve got to have rules. We have to have parameters. We have to get to the point where we’re sustainable,” Nissen told the court.
The water trial resumes Wednesday [July 22, 2026], with final arguments coming as early as Thursday.
