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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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prompt notice shall be given of the decision, with a statement of the grounds for <br /> such refusal or denial. § 24-4-105(l 0), C.R.S. <br /> D. Party Status <br /> 1 Any Person who may be affected or aggrieved by a Division of Water Resource <br /> action shall be admitted as a Party to the proceeding upon filing a timely written <br /> request pursuant to § 24-4-105(2)(c), C.R.S. Upon motion by any other Person <br /> or Agency, the State Engineer or Hearing Officer may admit such Person or <br /> Agency as a full or limited Party. <br /> 2. Any Person who requests an adjud icatory hearing pursuant to Rule 1 O(B) shall <br /> be granted Party Status and need not apply. <br /> 3. A request or motion to be made a Party shall set forth a brief and plain statement <br /> of the reasons for seeking Party Status, the facts that entitle or may allow such <br /> Person to be admitted, and the matters that such Person claims should be <br /> decided. In addition, the request or motion should contain a description of the <br /> general nature of the evidence to be presented in the course of the proceedings. <br /> 4, Granting or denying a motion for Party Status shall be done by the State <br /> Engineer or Hearing Officer. Party Status may be granted at the prehearing <br /> conference or other appropriate time prior to the hearing. <br /> 5. Staff for the State Engineer shall be automatically a Party and need not apply for <br /> Party Status. <br /> 6. Nothing in this subsection shall prevent the State Engineer or Hearing Officer <br /> from admitting any Person as a Party to any proceedings for limited purposes. § <br /> 24-4-105(2)(c), C.R,S. <br /> E. Prehearing Procedures <br /> 1. In general, the Colorado Rules of Civil Procedure shall apply to all adjudicatory <br /> hearings before the State Engineer. Prehearing procedures may be modified as <br /> required or approved by the State Engineer or Hearing Officer. <br /> 2. Disclosure and discovery <br /> a. Any deadlines for the Parties' initial disclosures and expert disclosures <br /> shall be established by an order of the State Engineer or Hearing <br /> Officer. <br /> b. Parties shall first attempt to utilize discovery through informal methods. <br /> When informal attempts fail, further discovery shall be conducted <br /> 24 <br />
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