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DWR_3554842
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DWR_3554842
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Entry Properties
Last modified
12/28/2020 7:26:51 AM
Creation date
1/6/2020 10:10:54 AM
Metadata
Fields
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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filer's notification address. Special filing arrangements may be made on a <br /> case-by-case basis as needed. <br /> b, All filings for rulemakings and Adjudications under these Procedural Rules <br /> shall be made by electronic mail. <br /> c. Exception to Electronic Filing —Any person may request approval by the <br /> State Engineer to file documents in paper copy format if they are unable <br /> for any reason to comply with the electronic it requirements. Pro se <br /> Parties may file documents via US mail if electronic filing is not available. <br /> 1. "Good Cause" — a rational explanation justifying why a requirement in these <br /> procedural rules was not met or need not be complied with in the particular <br /> circumstance. <br /> J, "Initial Decision" — a decision made by the State Engineer's designated Hearing <br /> Officer which will become the final action of the Division of Water Resources unless <br /> appealed to the State Engineer. § 24-4- . <br /> K "Interested Person" - any Person who may be aggrieved by the Division of Water <br /> Resources action. § 24-4-102(6.2), C.R.& <br /> L. "License" —the whole or any part of any Division of Water Resources permit, <br /> certificate, registration, charter, membership, or statutory exemption. § 24-4-102(7), <br /> M "Party" — any person or agency named or admitted as a Party, or properly seeking <br /> and entitled as of right to be admitted as a Party in a proceeding before the State <br /> Engineer, subject to the provisions of these rules. <br /> N. "Person" — an individual, limited liability company, partnership, corporation, <br /> association, county, or a public or private organization other than an agency. <br /> 0. "Rulemaking Proceedings" — Rulemaking Proceedings are the notice and hearing <br /> activities required by law for the State Engineer to adopt rules, as authorized by the <br /> Act or other specific authority, that are of general applicability and future effect <br /> implementing, interpreting, or declaring law or policy, which are intended to be <br /> binding. They include adoption of whole generic rules, or deletion of, or revisions or <br /> modifications to, existing rules of the State Engineer. RuI ng Proceedings are <br /> governed by the procedures in Rules 6 and 7 of these rules. <br /> P. "State Engineer" —the person appointed by the governor pursuant to section 13 of <br /> article X11 of the state constitution having the general duties set forth in section 37- <br /> 80-101, et seq., C.R.S., as well as duties under the Determination Act, the <br /> Management Act, and other provisions of Title 35 and 37 of the Colorado Revised <br /> Statutes. The State Engineer has the duty and authority to "administer, distribute, <br /> 4 <br />
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