Rules of Procedure for Hearings Before the Colorado Ground Water Commission

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DEPARTMENT OF NATURAL RESOURCES Colorado Water Conservation Board 2 CCR 308 -3 RULES OF PROCEDURE FOR ALL HEARINGS BEFORE THE COLORADO GROUND WATER COMMISSION Rule 1 Authority This regulation is adopted pursuant to the authority in section 37- 90- 11(1)(h), C.R.S. and is intended to be consistent with the requirements of the State Administrative Procedure Act, section 24 -4 -101 et seq. (the "APA "), C.R.S. and the Colorado Ground Water Management Act, sections 37 -90 -101 et seq. (the "Act'), C.R.S. Rule 2 Scope and Purpose A. These regulations shall govern the procedure to be followed by parties in rule making and adjudicatory hearings held by the Colorado Ground Water Commission, hereinafter referred to as the "Commission." B. These rules of procedure are intended to establish procedures to assure that all hearings held by the Commission are conducted in a fair and impartial manner, to assure that all parties to proceedings under the Colorado Ground Water Management Act are accorded due process of law, and to provide the Commission with all relevant facts and information pertinent to decision making. These rules shall be construed to carry out these purposes. C. These regulations do not apply to interpretive rulings, guidelines or general statements of policy, which are not meant to be binding. D. Except when necessary to comply with applicable statutes, the Commission may waive the requirements of these regulations whenever it is determined that strict adherence to the rules will not promote fairness or impartiality. In any such instance, appropriate justification shall be provided to all interested persons and parties. E. These rules of procedure are promulgated pursuant to sections 37 -90 -113, and 24 -4 -103, C.R.S. Rule 3 Applicability Recreational In- Channel Diversion Rules 1. Title Rules Concerning Recreational In- Channel Diversions, adopted pursuant to section 37 -92 -102, C.R.S., and hereinafter referred to as the "RICD Rules" or "Rules ". 2. Purpose of Rules The purpose of these rules is to set forth the procedures to be followed by: 1) applicants for Recreational In- Channel Diversions (hereinafter referred to as "RICDs "); and 2) the Colorado Water Conservation Board (hereinafter referred to as "CWCB" or "Board ") when making Findings of Fact to a water court regarding RICDs. In addition, the purpose of these Rules is to provide guidance about the type of information that will assist the Board in making its findings to the water court. The Board has incorporated into these Rules, the statement of basis and purpose prepared and adopted at the time of the rulemaking. These Rules will supersede the