My WebLink
|
Help
|
About
|
Sign Out
Home
Search
DWR_3554842
DWR
>
Rulemaking
>
2020
>
01
>
DWR_3554842
Metadata
Thumbnails
Annotations
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
There are no annotations on this page.
Document management portal powered by Laserfiche WebLink 9 © 1998-2015
Laserfiche.
All rights reserved.
/
34
PDF
Print
Pages to print
Enter page numbers and/or page ranges separated by commas. For example, 1,3,5-12.
After downloading, print the document using a PDF reader (e.g. Adobe Reader).
View images
View plain text
the discretion of the Division of Water Resources and shall not be subject <br /> to judicial review. <br /> Rule 6 Rulemaking Procedures under Compact and Water Rule Powers <br /> A. Applicability <br /> Under § 37-92-501(l), C.R.S., the State Engineer may adopt rules to assist in the <br /> performance of his or her duties to administer, distribute, and regulate the waters of <br /> the state ("water rule power"). Under § 37-80-104, C.R.S., the State Engineer shall <br /> make and enforce such rules with respect to deliveries of water as will enable the <br /> state of Colorado to meet its interstate compact commitments ("compact rule <br /> power"). The water rule power and the compact rule power are governed by the <br /> procedures of the Determination Act and not by the APA. See Simpson v. Cotton <br /> Creek Circles, LLC (In re Rules Goveming New Withdrawals of Ground Water), 181 <br /> P.3d 252, 264 (Colo. 2008); In re Rules & Regulations Governing Water Rights, 196 <br /> Colo. 197, 202 (Colo. 1978). Whenever the State Engineer adopts any rule under <br /> the water rule power or the compact rule power, the provisions of this rule shall <br /> appI y. All other rulemaking shall be subject to the rulemaking procedures under <br /> Rule 7 below. To the extent any provision of this rule conflicts with any current or <br /> future provision of the Determination Act, Management Act or an interstate <br /> compact, the procedures of the Determination Act, the Management Act or <br /> interstate compact shall apply. <br /> B. Proposals for Rulemaking <br /> rulemaking proceedings shall be conducted by the State Engineer or <br /> person(s) as he may designate, Whenever the State Engineer contemplates <br /> rulemaking, public announcement may be made at such time and in such <br /> manner as he determines, and opportunity may be afforded Persons to submit <br /> views or otherwise participate informally in conferences with the State Engineer <br /> or his staff on the proposals under consideration. It is within the discretion of the <br /> State Engineer to determine if and when such informal proceedings should occur <br /> and who may participate. <br /> 2. The State Engineer may establish a representative group of participants with an <br /> interest in the subject of the rulemaking to submit views or otherwise participate <br /> informally in any conferences on the proposals under consideration or to <br /> participate in the public hearing(s) under this rule. In establishing any <br /> representative group, the State Engineer shall make reasonable attempts to <br /> solicit input from representatives of each of the various stakeholder interests that <br /> may be affected positively or negatively by the proposed rules. <br /> 3. Prior to the notice required by this rule, the State Engineer shall publicize and <br /> hoI d at least one public meeting in each water division subject to any proposed <br /> rules and may publicize and conduct such hearing at such time and in such <br /> manner as he determines. The State Engineer shall make the proposed rules <br /> 9 <br />
The URL can be used to link to this page
Your browser does not support the video tag.