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iii. A list of all exhibits the Party plans to introduce at the hearing. <br /> iv. A list of witnesses the Party plans to call and a brief summary of it <br /> testimony. <br /> F Conduct of Hearings <br /> 1. All adjudicatory hearings shall be held with reasonable dispatch after the filing of <br /> a request for such a hearing unless all Parties to the hearing agree otherwise or, <br /> unless otherwise ordered by the State Engineer or Hearing Officer due to <br /> extenuating circumstances. <br /> 2, In conducting adjudicatory hearings the State Engineer or Hearing Officer shall, <br /> in addition to the authority specified elsewhere, have authority to: administer <br /> oaths and affirmations; sign and issue subpoenas; regulate the course of the <br /> hearing- set the time and place for continued hearings; fix the time for the filing of <br /> appropriate documentation; take depositions or have depositions taken; issue <br /> appropriate orders that shall control the subsequent course of the proceedings; <br /> and take any other action authorized by statute or Division of Water Resources <br /> rule. § 24-4-105(4), CR.S. <br /> 3. Burden of Proof <br /> a. Except as otherwise provided by statute, in Adjudicatory Proceedings <br /> before the State Engineer, the proponent of the order shall have the <br /> burden of proof. § 24-4-105(7), C.R.S. "Order" means the whole or any <br /> part of the final disposition (whether affirmative, negative, injunctive, or <br /> declaratory in form) by the Division of Water Resources in any matter <br /> other than rule-making. § 24-4-102(10), C.R.S, The State Engineer or <br /> Hearing Officer shall determine the proponent or proponents of orders as <br /> appropriate on a case-by-case basis based on the relief requested by the <br /> Parties. In making this determination and in holding the proponents of <br /> orders to their burdens of proof, the State Engineer or Hearing Officer <br /> shall consider the following general principles: <br /> L When a Party is requesting that the State Engineer or <br /> Hearing Officer review to either reverse or modify an initial Division <br /> of Water Resource action, the Party seeking reversal or <br /> modification of the initial Division of Water Resource action is the <br /> proponent of the order as to the requested relief. <br /> ii. When a Party is requesting any determination by the State <br /> Engineer or Hearing Officer not previously made by the Division of <br /> Water Resources, the Party seeking the determination is the <br /> proponent of the order as to the requested determination. <br /> 27 <br />