DWR_3554842 - Laserfiche WebLink

Home Search

Rule 1 Authority These rules are promulgated and adopted pursuant to the authority conferred upon the State Engineer in sections 24-4-101 et seq., C.R.S., (the Administrative Procedures Act or the "APA") and are intended to implement and be consistent with its requirements and the requirements of the Water Right Determination and Administration Act, (the Determination Act) sections 37-92-101 et seq., C.R.S., and the Ground Water Management Act, sections 37-90-101 et seq., C.R.S. (the Management Act). Rule 2 Scope and Purpose A. These rules shall govern all rulemaking procedures, Adjudicatory Proceedings and petitions for declaratory orders before the State Engineer except when the State Engineer is acting as an ex officio, non-voting member of the Colorado Ground Water Commission, is acting solely as executive director of the Commission, or is acting as a member of the State Board of Examiners of Water Well and Pump Installation Contractors. B. These rules are intended to assure that all hearings held before the State Engineer are conducted in a fair and impartial manner, to assure that all Parties to the proceedings are accorded due process of law, and to provide the State Engineer with all relevant facts and information pertinent to decision making. These rules shaI l be liberally construed to carry out these purposes. C. These rules do not apply to interpretive rulings, guidelines or other general statements of policy, which are not meant to be binding as rules. Rule 3 Applicability A. These rules apply to rulemaking, Adjudicatory Proceedings, declaratory orders, reconsideration of rulemaking decisions, and reconsideration of Adjudicatory Proceedings before the State Engineer, B. Except when necessary to comply with applicable statutes, the State Engineer may waive the requirements of these rules whenever it is determined that strict adherence to the rules will not promote fairness and impartiality. In any such instance, appropriate justification shall be provided to all Interested Persons and Parties. C. In the event of a conflict between these rules and the APA, the Determination Act, or the Management Act, the statutes shall prevail. The provisions of the APA generally appI y to all hearings held by the State Engineer. Specifically, the provisions of§ 24- 4-103, C.R.S., shall apply to all rulemaking hearings, the provisions of § 24-4-104, shall apply to all decisions regarding the grant, renewal, denial, revocation, suspension, annulment, limitation or modification of Licenses (permits), and the provisions of § 24-4-105, C.R.S., shall apply to all Adjudicatory Proceedings and petitions for declaratory orders unless such provisions are inconsistent with the specific provisions of the Determination Act and/or the Management Act, in which case the those statutory provisions shall control. 2