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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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and regulate the waters of the state in accordance with the constitution of the state <br /> of Colorado, the provisions of this article and other applicable laws" pursuant to <br /> section 37-92-501, C.R.S. As used in these rules, "State Engineer" includes the <br /> Hearing Officer or any other person the State Engineer delegates to act on his <br /> behalf. The address of the State Engineer is: <br /> Colorado Division of Water Resources <br /> 1313 Sherman St., Room 821 <br /> Denver, CO 80203 <br /> Q. "Stipulation" — an agreement or concession as to facts or the law made by the <br /> Parties in a proceeding before the State Engineer. <br /> Rule 5 Alternative Means of Dispute Resolution <br /> For the purposes of this rule, the term — <br /> A. "Alternative means of dispute resolution" means any procedure that is used to <br /> resolve issues in controversy, including, but not limited to, conciliation, facilitation, <br /> mediation, fact finding, mini trials, arbitration, and use of ombudsman, or any <br /> combination thereof; <br /> B. "Dispute resolution proceeding" means any process in which an alternative means of <br /> dispute resolution is used to resolve an issue in controversy in which a neutral is <br /> appointed and specified Parties participate; <br /> C. "in confidence" means, with respect to information, that the information is provided- <br /> 1 with the expressed intent of the source that it not be disclosed-, or <br /> 2. under circumstances that would create the reasonable expectation on <br /> behalf of the source that the information will not be disclosed; <br /> D. "Issue in controversy" means an issue which is material to a decision concerning an <br /> administrative program of the Division of Water Resources and with which there is <br /> disagreement: <br /> 1. between an Agency and Persons who would be substantially affected by <br /> the decision; or <br /> 2, between persons who would be substantially affected by the decision-, <br /> E. "Neutral" means an individual who, with respect to an issue in controversy, <br /> functions specifically to aid the Parties in resolving the controversy; <br /> F. "Roster" means a list of persons qualified to provide services as neutrals. <br /> 5 <br />
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