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ByLaws

BY-LAWS

WATER LAW SECTION

COLORADO BAR ASSOCIATION

 

The Water Law Section of the Colorado Bar Association is comprised of Association members committed to improved governance and use of the water resources of the state by the influence that may be exerted by the legal profession.  The goals of the Section include helping to coordinate the work of attorneys, legislators, public water officials, water engineers and geologists, water right owners and users, and those interested in using water for recreational and environmental purposes, to promote the optimum use of  Colorado’s limited water supplies.  The Section will work to accomplish these goals and to provide educational opportunities for Section members and others so that they can be well informed and prepared for the practice of water law.

 

I. MEMBERSHIP IN SECTION

 

1.  A member of the Water Law Section must be a member of the Colorado Bar Association and have paid Association and Section dues.

 

2. Persons who are associate members of the Colorado Bar Association may be associate members of the Section upon payment of Section dues.  Associate members shall not be entitled to hold office or vote in Section elections.

 

II. SECTION GOVERNANCE

 

1. The governing body of the Section is the Section’s Officers and the Executive Council, which includes the Officers.  The Section Officers consist of a Chair, Vice-Chair, and Secretary-Treasurer.  The Executive Council consists of seven members in addition to the Officers.  Commencing with the 2003 elections, at least one Officer and at least one other member of the Executive Council shall be members whose law offices are located in any of Water Divisions No. 3, 4, 5, 6, or 7.

 

2. There is no limit to the number of terms a member may serve as an Officer or as a member of the Executive Council.

 

3. The duties of the Officers shall include:

 

A. Supervision of Section financial matters;

 

B. Representation of the Section on policy matters and legislative matters;

 

C. Undertaking short-range and long-range planning for all areas of concern to the Section;

 

D. Overseeing the nomination of a slate of officers and council members, the annual elections, and records of terms of office, as provided for in these By-Laws;

 

E. Publication of a periodic newsletter and/or maintenance of a web-site for all Section members;

 

F. Presentation of CLE programs for the Section members and others as appropriate;

 

G. All things necessary to conduct the business of the Section; and

 

H. Each Officer should also be a member of a Committee of the Water Law Section.

 

The duties of the Executive Council include annual planning for the Section, approval of filing of amicus briefs, approval of Section positions regarding proposed legislation, and all other matters referred to the Executive Council by the Officers.

 

III. MEETINGS

 

1. Regular Meetings.  The Chair shall schedule meetings of the Officers.  Regular meetings of the Executive Council shall occur at least two times each year.  Reasonable notice of at least 14 days will be provided to the Officers and Executive Council members orally, in writing, by facsimile or e-mail or other appropriate means.  The Chair may provide an agenda before the meetings along with any materials necessary to assist the Officers and/or Executive Council members in making informed decisions.  The agenda will clearly identify what items will be submitted to a vote by the Officers and/or Executive Council.

 

2. Quorum.  A quorum for transacting business of the Officers shall consist of two Officers.  A quorum for transacting business of the Executive Council shall consist of five members, including at least one Officer.

 

3. Approval.  Ordinary business of the Officers and/or the Executive Council shall be approved by a majority vote by those present, either in person or present by telephonic means.

 

4. Special Meetings.  Special meetings of the Officers or the Executive Council may be convened at the request of any Officer or three Executive Council members.  Notice by United States mail of at least seven days is required when time permits, but at least 72 hours notice by phone, fax, or e-mail must be provided for special meetings.  Notice shall include the agenda and materials for any matters to be submitted to a vote of the Officers and/or the Executive Council.

 

5. Attendance.  Officers and Executive Council members may attend meetings in person or by phone conference or other electronic means if such facilities are available at the meeting location.   The Section will provide a dial-in number for persons wishing to participate by telephone conference and the Section will pay the cost for the conference call.

 


IV. TERM OF OFFICE

 

The term of all Officers shall be for one year.  Beginning with the 2004 elections, the terms of the members of the Executive Council will be for three years.  In the 2004 elections, the two Executive Council members receiving the highest number of votes will serve three-year terms, the two executive Council members placing third and fourth in the balloting shall serve two-year terms, and all remaining members will serve one-year terms.  The term of office runs from July 1 through June 30 of the following year.

 

V. ELECTIONS

 

Elections shall be by mail, facsimile, or electronic ballot as determined by the Officers.  The Officers will solicit nominations from the Members for the Executive Council and Officers at least 45 days prior to the elections.  Section Members wishing to serve may nominate themselves.  The slate of candidates and ballots will be provided to the membership at least 15 days before the close of voting.  Voting shall close on the first business day of June.

 

VI. COMMITTEES

 

The following are the standing committees of the Section and the rules governing their functions.  The Section Chair shall appoint the Committee Chairs.

 

1. Legislative and Statutory Review Committee. 

 

A. The Legislative Committee shall consist of five members appointed jointly by the Section Chair and the Committee Chair, and will include at least one Officer.  The Committee is responsible for reviewing pending legislation that may impact water law in Colorado, providing technical assistance to members of the state legislature, drafting proposed legislation to improve water law in the state and performing such other functions as are necessary to pursue the legislative agenda of the Section.  The Committee is also responsible for conducting a periodic review of statutes that affect water law in Colorado, and for proposing to the Officers any necessary and/or advisable revisions to the statutes.  In order to preserve continuity of the relationship with the state legislature, the Committee Chair may be re-appointed if he or she has actively pursued the legislative goals of the Section.

 

B. The Officers shall set the legislative policy of the Section.  The Officers may vote on legislative matters by telephone, facsimile, or e-mail if necessary between meetings of the Officers.  All legislative activities of the Section must conform to the By-Laws and policies of the Colorado Bar Association.

 

2. Education Committee.  The Education Committee shall consist of at least three members of the Section, including at least one Officer.  The Education Committee shall be responsible for all CLE programs for the Section.

 

 

3. Amicus Curiae Committee.  The Amicus Curiae Committee shall consist of at least three members, including at least one Officer.  The Amicus Curiae Committee shall be responsible for reviewing requests for Water Law Section support of amicus briefs, making recommendations as to the importance of Water Law Section participation in amicus matters and filing briefs when a case is of general interest to the Section if authorized by the Executive Council.  Between meetings, the Officers may vote on amicus matters by telephone, facsimile, or e-mail if necessary. 

 

4. The Chair may from time to time appoint such other committees as are necessary to conduct the work of the Section.

 

VII. DUES

 

The dues of the Section shall be as determined by the Officers.

 

VIII. VACANCIES

 

The Officers may declare a position vacant if the office holder has three or more unexcused absences from scheduled meetings.  Any vacancy in any office, including the Executive Council, may be filled by vote of the Officers, except for Chair, which shall be assumed by the Vice-Chair.

 

IX. AMENDMENTS

 

The Section members may amend these By-Laws by a vote of two-thirds of those voting.