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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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review State Engineer action under §§ 37-90.5-106 & 37-9M-107, <br /> application for a permit to construct a geothermal <br /> resource exploration, production or reinjection well; <br /> address issues regarding requests for approvals of substitute water <br /> supply plans under § 37-92-308, C.R.S.; <br /> p. To address issues regarding requests for approvals fitterruptible <br /> water supply agreements under§ 37-92-309, C.R.S. <br /> q. To review relevant State Engineer action as required under rules as <br /> lawfully promulgated under § 37-92-501, C.R.S.; <br /> r. To review the validity of any orders issued by the State Engineer or a <br /> Division Engineer, but in no instance shall a request for such a hearing <br /> or the setting or holding of such a hearing be the basis for delaying <br /> compliance with or enforcement of such orders; or <br /> s. As necessary or desirable to make any determination required under <br /> the State Engineer's statutory duties and responsibilities as they exist <br /> now or may exist in the future. <br /> B. Requests for Adjudicatory Hearings <br /> 1. All requests for adjudicatory hearings must be timely it pursuant to these rules <br /> and applicable statutory requirements, <br /> 2 All adjudicatory hearings before the State Engineer shall be held in the main <br /> office of the Colorado Division of Water Resources located in Denver, Colorado, <br /> unless the State Engineer, for Good Cause shown, allows for the hearing to be <br /> heI d at a different location. Should a hearing be held at a location other than <br /> Denver, Colorado, the Parties may be required to find a suitable location and pay <br /> any associated costs. <br /> 3. Hearing requests shall be filed with the State Engineer within applicable <br /> deadlines by electronic mail or pursuant to the paper format filing exception <br /> pursuant to Rule 4(G). <br /> 4. All requests for adjudicatory hearings shall contain the following information: <br /> a. Identification of the Person(s) requesting the hearing and the <br /> subject matter of the request; <br /> b. The legal, statutory, and regulatory authority that forms the basis <br /> and authority for the request; <br /> 22 <br />
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