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DWR_3554842
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DWR_3554842
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Last modified
12/28/2020 7:26:51 AM
Creation date
1/6/2020 10:10:54 AM
Metadata
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Template:
Rulemaking
Rule Name
Procedural Rules- State Engineer Hearings (2CCR-402-5)
Document Type - Rulemaking
Final Actions
Subject
FINAL RULES - PROCEDURAL REGULATIONS (2 CCR 402-5)
Date Effective
11/25/2015
Tags
DWR Re-OCR
Description:
Signifies Re-OCR Process Performed on or after 10/6/2019
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4. The State Engineer shall consider all submissions entered into the record in <br /> adopting any rule. The rules promulgated shall be based on the record. The <br /> record shall consist of proposed rules, evidence, exhibits, other matters <br /> presented or considered, matters officially noticed, ruling on exceptions, any <br /> findings of fact and conclusions of law proposed by any party, and any written <br /> briefs filed. <br /> 5. Material Incorporated by Reference <br /> allowed under § 24-4-103(12.5), C.R.S., the State Engineer may <br /> incorporate by reference in his rules, without publishing the incorporated <br /> material in rules as finally published, all or any part of a code, standard, <br /> guidelines or rule that has been adopted by an agency of the United <br /> States, the state of Colorado, or another state or adopted or published by <br /> a nationally recognized organization or association. <br /> b. The State Engineer shall maintain a copy of the code, standard, guideline, <br /> or rule readily available for public inspection at the Division of Water <br /> Resources during regular business hours, as well as a posting of the <br /> same on their website. The State Engineer shall provide certified copies <br /> of the material incorporated at cost upon request or shall provide the <br /> requestor with information on how to obtain a certified copy of the material <br /> incorporated by reference through the source agency, association or <br /> organization. § 24-4-103(12.5)(b), C.R.S. Electronic versions may be <br /> substituted upon request. <br /> c. References to any incorporated material shall identify the incorporated <br /> material by appropriate agency, organization, or association by the date, <br /> title and/or citations. The reference shall also state that the rule does not <br /> include later amendments to or editions of the incorporated material. <br /> d, The State Engineer shall include in any rule incorporating material by <br /> reference the fact that the state engineer will provide information regarding <br /> how the incorporated material may be obtained or examined. <br /> 6. Statement of Basis and Purpose <br /> After consideration of the relevant information presented, the State Engineer <br /> shaII include as part of the rules or incorporate by reference in the rules adopted, <br /> a written and concise general statement of it basis and purpose. The written <br /> statement of the basis and purpose of a rule that involves scientific or <br /> technological issues shall include a detailed, analytical evaluation of the scientific <br /> or technological rationale justifying the rule. <br /> 17 <br />
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