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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
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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G. General authority <br /> 1 The State Engineer or Hearing Officer may approve the use of a dispute <br /> resolution proceeding for the resolution of an issue in controversy that <br /> relates to an administrative program, if the Parties agree to such <br /> proceeding. <br /> 2. The State Engineer or Hearing Officer shall consider not using a dispute <br /> resolution proceeding if:-- <br /> a. a definitive or authoritative resolution of the matter is required for <br /> precedential value, and such a proceeding is not likely to be <br /> accepted generally as an authoritative precedent; <br /> b the matter involves or may bear upon significant questions of state <br /> government policy that require additional procedures before a final <br /> resolution may be made, and such a proceeding would not likely <br /> serve to develop a recommended policy for the Division of Water <br /> Resources; <br /> C. maintaining established policies is of special importance, so that <br /> variations among individual decisions are not increased and such a <br /> proceeding would not likely reach consistent results among <br /> individual decisions; <br /> d. the matter significantly affects persons or organizations who are not <br /> Parties to the proceeding; <br /> e. a full public record of the proceeding is important, and a dispute <br /> resolution proceeding cannot provide such a record; or <br /> f. the Division of Water Resources must maintain continuing <br /> jurisdiction over the matter with authority to alter the disposition of <br /> the matter in the light of changed circumstances, and a dispute <br /> resolution proceeding would interfere with the Division of Water <br /> Resources' fulfilling that requirement. <br /> 3. Alternative means of dispute resolution authorized under this subchapter <br /> are voluntary procedures which supplement rather than limit other <br /> available dispute resolution techniques. <br /> H. Neutrals <br /> 1. A Neutral may be a permanent or temporary officer or employee of the <br /> State of Colorado or any other individual who is acceptable to the Parties <br /> to a dispute resolution proceeding. The neutral shall have no official, <br /> 6 <br />
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