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<br />, . <br /> <br />. <br /> <br />. <br /> <br />The Colorado Water Conservation Board <br />Page 3 <br /> <br />CONFIDENTIAL <br /> <br />2. develop rules and regulations containing standards <br />for the Board's staff to utilize to evaluate such future <br />requests and present the information to the Director for <br />his decision. <br /> <br />QUESTION 3: Does the Board have other express statutory <br />authority to deal with these requests? <br /> <br />RESPONSE 3: The Board has the express authority to sell or <br />otherwise dispose of the Project land in accordance with other <br />state statutes and regulations on the sale of state land. <br />Thus, the Board might wish to consider whether the provisions <br />of ~37-60-106 (1) (0) 15 C.R.S. (1990) would provide a solution <br />to some of the requests. Exhibit A illustrates the amount of <br />land actually owned by the Board and the purposes for which <br />the land is utilized. <br /> <br />QUESTION 4: Does the Board have the implied authority to <br />grant any of the requested easements? <br /> <br />RESPONSE 4: To find that it has the implied authority to <br />grant any of the requests from private individuals and <br />entities, the Board would need to determine that such implied <br />authority is necessary to the implementation of one of its <br />express statutory duties. Secondly, the Board would need to <br />establish a mechanism to implement that determination. If the <br />Board determined that the adoption of rules was necessary for <br />the conduct of its business or the administration of its <br />duties under article 60 of title 37, C.R.S., it could adopt <br />rules by following the APA procedures.' Any such rules would <br />also need to survi ve a review by the Legislative Legal <br />Services Committee' on the Board's authority to adopt the <br />rules and any court challenges. <br /> <br />QUESTION 5: What is the difference between an easement and a <br />license or a permit? <br /> <br />, Some agencies adopt "guidelines" instead of rules. There <br />are several concerns with that procedure. The APA definition of <br />"rule" is broad enough to cover this situation. If it is deter- <br />mined that the "guidelines" should have been rules, they are void. <br /> <br />S In previous years, the staff of the Office of Legislative <br />Legal Services which provides staff to the Committee has recommend- <br />ed that the Committee introduce bills to void new rules in several <br />situations when an administrative agency's statutory authority did <br />not specifically mention the authority to take the action covered <br />by the rules. <br />