Colorado Water Conservation Handbook

• Year: 2004
• Title: CWCB Board Member Handbook
• CWCB Section: Administration
• Author: CWCB
• Description: Handbook containing phone numbers, addresses, statutes, rules, policies, straegic plans and Board member work plans.
• Publications - Doc Type: Other

direction of any officer, employee, or agent engaged in
the performance of investigatory or prosecuting
functions for the agency.
(7) Except as otherwise provided by statute,
the proponent of an order shall have the burden of
proof, and every party to the proceeding shall have the
right to present his case or defense by oral and
documentary evidence, to submit rebuttal evidence, and
to conduct such cross-examination as may be required
for a full and hue disclosure of the facts. Subject to
these rights and requirements, where a hearing will be
expedited and the interests of the parties will not be
substantially prejudiced thereby, a person conducting a
hearing may receive all or part of the evidence in
written form. The rules of evidence and requirements of
proof shall conform, to the extent practicable, with those
in civil nonjury cases in the district courts. However,
when necessary to do so in order to ascertain facts
affecting the substantial rights of the parties to the
proceeding, the person so conducting the hearing may
receive and consider evidence not admissible under
such rules if such evidence possesses probative value
commonly accepted by reasonable and prudent men in
the conduct of their affairs. Objections to evidentiary
offers may be made and shall be noted in the record.
The person conducting a hearing shall give effect to the
rules of privilege recognized by law. He may exclude
incompetent and unduly repetitious evidence.
Documentary evidence may be received in the form of a
copy or excerpt if the original is not readily available;
but, upon request, the party shall be given an
opportunity to compare the copy with the original. An
agency may utilize its experience, technical
competence, and specialized knowledge in the
evaluation of the evidence presented to it.
(8) An agency may take notice of general,
technical, or scientific facts within its knowledge, but
only if the fact so noticed is specified in the record or is
brought to the attention of the parties before final
decision and every party is afforded an opportunity to
controvert the fact so noticed.
(9) (a) Any party, or the agent, servant, or
employee of any party, permitted or compelled to testify
or to submit data or evidence shall be entitled to the
benefit of legal counsel of his or her own choosing and
at his or her own expense, but a person may appear on
their own behalf. An attorney who is a witness may not
act as counsel for the party cailing the attorney as a
witness. Any party, upon payment of a reasonable
charge therefor, shall be entitled to procure a copy of
the transcript of the record or any part thereof Any
person permitted or compelled to testify or to submit
data or evidence shall be entitled to the benefit of legal
counsel of such person's own choosing and, upon
payment of a reasonable charge therefor, to procure a
copy of the transcript of such person's testimony if it is
recorded.
(b) (I) Except as provided in subparagraph
(III) ofthis paragraph (b), no attorney shall submit a
document concerning an adjudicatory proceeding after

January 1, 1994, unless such document is submitted on
recycled paper. The provisions of this section shall
apply to all papers appended to each such document.
(II) (A) Any state agency that adopts policies,
procedures, rules, or regulations for the purpose of
implementing the provisions of this section shall ensure
that the conduct of state business is not impeded and
that no person is denied access to the services or
programs of a state agency as a result of such
implementation.
(B) No document shall be refused by a state
agency solely because it was not submitted on recycled
paper.
(III) Nothing in this section shall be construed
to apply to:
(A) Photographs;
(B) An original document that was prepared or
printed prior to January 1, 1994;
(C) A document that was not created at the
direction or under the control of the submitting attorney;
(D) Facsimile copies concerning an
adjudicatory proceeding otherwise permitted to be filed
in lieu of the original document; however, if the original
is also required to be filed, such original shall be
submitted in compliance with this section;
(E) Existing stocks of nonrecycled paper and
preprinted forms acquired or printed prior to January 1,
1994.
(IV) The provisions of this section shall not be
applicable if recycled paper is not readily available.
(V) For purposes of this paragraph (b), unless
the context otherwise requires:
(A) "Attorney" means an attorney-at-law
admitted to practice law before any court of record in
this state.
(B) "Document" means any pleading or any
other paper submitted as an appendix to such pleading
by an attorney, which document is required or permitted
to be filed with a state agency concerning any action to
be commenced or which is pending before such agency.
(C) "Recycled paper" means paper with not
less than fifty percent of its total weight consisting of
secondary and postconsumer waste and with not less
than ten percent of such total weight consisting of
postconsumer waste.
(10) Every agency shall proceed with
reasonable dispatch to conclude any matter presented to
it with due regard for the convenience of the parties or
their representatives, giving precedence to rehearing
proceedings after remand by court order. Prompt notice
shall be given of the refusal to accept for filing or the
denial in whole or in part of any written application or
other request made in connection with any agency
proceeding or action, with a statement of the grounds
therefor. Upon application made to any court of
competent jurisdiction by a party to any agency
proceeding or by a person adversely affected by agency
action and a showing to the court that there has been
undue delay in connection with such proceeding or

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