District Court, Water Division ___________________, Colorado Court Address: ________________________________________________________ CONCERNING THE APPLICATION FOR WATER RIGHTS OF Applicant: In the ____________________________River or its Tributaries In ________________________________________ COUNTY Attorney or Party Without Attorney (Name and Address): COURT USE ONLY Case Number: Phone Number: FAX Number: E-mail: Atty. Reg. #: Division: Courtroom: DECLARATION OF EXPERT REGARDING REPORT, DISCLOSURE, AND OPINION Expert reports, disclosures, and opinions are rendered to the water court under professional standards of conduct and duty to the court. No person, including a party's attorney, shall instruct an expert to alter an expert's report, disclosure, or opinion. This does not preclude suggestions regarding the factual basis, accuracy, clarity, or understandability of the report, disclosure, or opinion, or proofreading or other editorial corrections, or an attorney communication of legal opinion to the expert of the attorney's client. The expert shall not include anything in his or her expert report, disclosure, or opinion that has been suggested by any other person, including the attorney for the expert's client, without forming his or her own independent judgment about the correctness, accuracy, and validity of the suggested matter. Matters of legal opinion pertinent to formulation of the expert's report, disclosure, or opinion are within the professional province and duty to the court of the attorney who represents the client who has retained the expert. Each expert witness's written disclosure, report, or opinion shall contain a declaration by the expert as set forth in the applicable water court form. Accordingly, I, (name of expert) state the following: (1) I understand that my role as an expert, both in preparing this report or disclosure and in giving evidence, is to assist the court to understand the evidence or to determine facts in issue. The opinions expressed in my disclosures and in my report are my own professional opinions. (2) I have endeavored in my report and disclosures to be accurate and complete, and have addressed matters that I regard as being material to the opinions expressed, including the assumptions that I have made, the bases for my opinions, and the methods that I have employed in reaching those opinions. (3) I have been advised by the attorney for my client of the disclosure requirements of the rules of the court, and I have provided in my report and disclosures the information required by those rules. I have not included anything in my report and disclosures that has been suggested by anyone, including the attorney for my client, without forming my own independent judgment on the matter. (4) I will immediately notify, in writing, the attorney for the party for whom I am giving evidence if, for any reason, I consider that my existing report or disclosures requires any correction or qualification; and, if the JDF 312 FORM 2 R10-11 DECLARATION OF EXPERT REGARDING REPORT, DISCLOSURE, AND OPINION Page 1 of 2 American LegalNet, Inc. www.FormsWorkFlow.com correction or qualification is significant, will prepare a supplementary report or disclosure to the extent permitted by the applicable rules of the court. (5) I have used my best efforts in my report and disclosures, and will use my best efforts in any evidence that I am called to give, to express opinions within those areas in which I have been offered or qualified as an expert by the court, and to state whether there are qualifications to my opinions. (6) I have made the inquiries that I believe are appropriate and, to the best my knowledge, no matters of significance that I regard as relevant have been withheld from the court. (7) I have disclosed any financial or pecuniary interest that I have in the results of this lawsuit or in any property or rights that are the subject of the lawsuit for which my report and disclosures are being submitted. Date: ______________________________________ Declarant JDF 312 FORM 2 R10-11 DECLARATION OF EXPERT REGARDING REPORT, DISCLOSURE, AND OPINION Page 2 of 2 American LegalNet, Inc. www.FormsWorkFlow.com