Certain water right decisions issued on or after January 1, 2026 can finalize on their own. When the Department issues a Proposed Final Order and the public notice window closes without objections, the decision becomes a final order on day 33 unless the Department withdraws it. This timeline is set by rule so parties know exactly when a decision will take effect.
What Triggers Automatic Finalization
The 33-day clock applies to a defined set of actions, including new applications, permanent transfers, allocation of conserved water, some substitutions and clarifications, and listed cancellation actions. Some items are outside this pathway, such as alternative reservoir approvals. For split-a-permit assignments followed by issuance of new permits, standard party-status provisions do not apply.
The Sequence at a Glance
The Department issues a Proposed Final Order with a clear notice and response deadline. If no objections are received by that date, the 33-day period starts the next day. Unless the Department withdraws the decision during that period, it becomes final automatically on day 33.
Why this Timing Matters
Once a Proposed Final Order finalizes under the 33-day rule, it is not appealable. The notice window is the period to raise concerns and provide supporting information so the record is complete before the decision takes effect.
Practical Tips
Track the response deadline as soon as a Proposed Final Order arrives. If you plan to comment, prepare concise, specific points with any documents you want in the record. Keep a calendar reminder for the end of the 33-day period so you know when the decision will finalize if no objections are submitted.