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CODE OF COLORADO REGULATIONS 2 CCR 402-16 <br /> Division of Water Resources <br /> 16.10 Noncompliance <br /> Failure to comply with any of these Rules may subject the Well User to court proceedings and the state's <br /> costs, including reasonable attorney's fees, associated with enforcement of these Rules. Prior to filing any <br /> court action, the Division Engineer shall notify the Well User of the violation in writing by Certified Mail and <br /> shall advise the Well User of the date by which the violation must be corrected to avoid court <br /> proceedings, which date shall be at least ten calendar days following the date of receipt of the notice by <br /> the Well User or personal service of the notice on the Well User. <br /> 16.11 Variance <br /> When the strict application of any provisions of these Rules would cause unusual hardship,the Division <br /> Engineer may grant a variance. Any request for a variance shall be made to the Division Engineer, in a <br /> format prescribed by the State Engineer, and shall state the basis, with supporting documentation, for the <br /> requested variance. If the Division Engineer finds the request justifiable, the Division Engineer may issue <br /> a written order granting the variance and setting forth the terms and conditions on which the variance is <br /> granted. Variance requests are granted at the sole discretion of the Division Engineer. <br /> 16.12 Effect of Rules on Other Wells <br /> Nothing in these Rules shall be construed to preclude the State Engineer from requiring metering of <br /> withdrawals, periodic reporting of such withdrawals, and cessation of excessive withdrawals from wells <br /> not covered by these Rules. <br /> 16.13 Effect of Rules on Prior Rules of the State Engineer <br /> These Rules shall supersede Republican River Basin Measurement Rules adopted in 2009. <br /> 16.14 Severability <br /> If any portion of these Rules is found to be invalid, the remaining portion of the Rules shall remain in force <br /> and in effect. <br /> 16.15 Revisions <br /> These Rules may be revised in accordance with section 24-4-103, C.R.S. and 2 CCR 402-5. <br /> 16.16 Statement of Basis and Purpose Incorporated by Reference <br /> The Statement of Basis and Purpose for these Rules is incorporated herein as part of these Rules. <br /> 16.17 Effective Date <br /> These Rules, as adopted by the State Engineer, shall become effective on November 15, 2015 and shall <br /> remain in effect until amended as provided by law. <br /> IT IS FURTHER ORDERED that any persons wishing to protest these Rules may do so in the manner <br /> provided in sections 24-4-101 et seq., C.R.S., (the State Administrative Procedure Act). <br /> Submitted on this 16th day of September, 2015 <br /> Is/Dick Wolfe <br /> Dick Wolfe, P.E. <br /> State Engineer <br /> 8 <br />