Training, Hydrology. ect State Engineer's Office Forum

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SEO Forum October 31, 2007 Written Instructions, Orders, and Rules Chad M. Wallace, Assistant Attorney General I. Orders A. Internal Orders. State Engineer supervises work of Division Engineers, including by issuing written instructions and orders. §§ 37- 80- 102(1), 37 -92- 202(2), 37- 92- 501(1), C.R.S. B. Orders to Water Users. Issued to water users for various reasons including, waste, fulfilling senior priorities, illegally stored water, administration of augmentation plans, installation and use of measurement devices, entry on private property for inspections, clear streams, enforce rules and regulations. For example, §§ 37 -80 -117, 37 -80 -118, 37 -90 -110, 37 -92 -502, C.R.S. II. Rules and Regulations A. Compact Rule Power § 37 -80 -104, C.R.S. No specific procedures, but have been promulgated along with the Water Rule Power. See, Kuiper v. Gould, 583 P.2d 910 (Colo. 1978). B. Water Rule Power § 37 -92 -501, C.R.S. 1. Rules under 1969 Act promulgated according to § 37 -92 -501, C.R.S.; published in affected counties, filed with the water court, protests filed pursuant to § 37 -92 -304 as a protest to a referee's ruling 2. Water Rules to allow a continuance of existing use for maximum utilizations per § 37- 92- 501.5, C.R.S. C. Other Rules under Administrative Procedure Act 1. Follow APA unless specific procedures in other statutes. §§ 24 -4- 103(1), 24 -4 -107, C.R.S. The APA process does not apply to interpretive rules or general statements of policy which are not meant to be binding as rules. 2. Ground Water and Dam Safety Rules specifically mention using APA procedures. §§ 37- 90- 137(9)(a), 37- 87- 102(3)(b), C.R.S. 3. By default the Geothermal Rules under § 37- 90.5 -106 and other general rules under § 37- 80- 102(1)(k) use the APA. 4. Published in Colorado Register, filed with the Secretary of State, public hearing, attorney general opinion, review by office of legislative legal services. § 24 -4 -103, C.R.S. Judicial review of final agency action per § 24 -4 -106, C.R.S. Secretary of State electronic notification: http: / /www.sos. state. co.us /CCR/EmailSubscription.do. D. Water Bank Rules § 37- 80.5 -101, C.R.S. No specific procedure; therefore, follow APA. Also approved by water court. Any judicial review is pursuant to APA.