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DWR_3992986
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DWR_3992986
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Last modified
1/22/2024 3:36:39 PM
Creation date
11/4/2022 9:52:18 AM
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Rulemaking
Rule Name
Division 6 Measurement Rules
Document Type - Rulemaking
Final Actions
Subject
State Engineer's Statement of Basis and Purpose for Rules and Regulations Governing Measurement of Surface Water and Groundwater Diversions and Storage, Release and Delivery of Water Located in Water Division 6
Date Effective
1/16/2024
Year Initiated
2021
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is relevant only when the person or company is using the amount of energy consumed as the <br /> Measurement Method to determine the amount of water so diverted. <br /> B. Authority for Proposed Rulemaking <br /> Section 37-80-102(g), C.R.S., vests rulemaking authority for the Division of Water <br /> Resources in the State Engineer. Section 37-92-501, C.R.S., authorizes the State Engineer to <br /> adopt rules and regulations to assist in the performance of the administration, distribution, and <br /> regulation of the waters of the state in accordance with the constitution of the State of Colorado, <br /> the provisions of Article 92 (The Water Right Determination and Administration Act of 1969), <br /> and other applicable laws. <br /> III. Public Process for Developing the Rules <br /> Prior to initiating the formal rulemaking process in Water Court for Water Division 6, the <br /> State Engineer held stakeholder meetings, released drafts of the Rules, circulated comment folios <br /> to stakeholders and interested parties to solicit public feedback and input on the draft Rules, and <br /> then released updated drafts of the Rules based on that feedback. In October 2021, the State <br /> Engineer held six in-person stakeholder meetings in Water Division 6 in Steamboat Springs, Oak <br /> Creek, Rangely, Meeker, Walden, and Craig. The State Engineer also held a virtual stakeholder <br /> meeting in November 2021, via Zoom. In February 2022, the State Engineer circulated comment <br /> forms and a copy of the revised draft Rules to stakeholders,persons on the notification list, and <br /> persons who provided contact information to the State Engineer during the stakeholder meetings. <br /> And in June and July 2022, the State Engineer held four additional in-person stakeholder <br /> meetings in Water Division 6 in Meeker, Walden, Steamboat Springs, and Craig. Finally, the <br /> State Engineer held a virtual stakeholder meeting in July 2022, via Zoom. <br /> All stakeholder meetings were open to the public and noticed on the State Engineer's <br /> website, and email notice was sent to all persons who provided contact information or who <br /> signed up on the notification list and on the water commissioner contact lists. At all times during <br /> the stakeholder process, a working draft of the Rules was posted on the Division of Water <br /> Resources website. As the State Engineer responded to stakeholder input with amended draft <br /> versions of the Rules, each updated version of the draft Rules was posted on the Division of <br /> Water Resources website, shared with the notification list, and presented at the public <br /> stakeholder meetings to invite additional review and comment. In addition, all stakeholder <br /> comments submitted on the February 2022 comment fouuis were compiled into a table with the <br /> State Engineer's responses and posted on the Division of Water Resources website. <br /> During the stakeholder meetings in 2021, the State Engineer provided general <br /> information on water administration in Colorado;background on what Measuring Devices are <br /> and how they are used; recordkeeping, recording, and reporting procedures; the purpose and <br /> need for the proposed rules; the rulemaking process; and a detailed walk-through of the draft <br /> Rules. <br /> Pursuant to stakeholder feedback received during the 2021 and 2022 stakeholder process, <br /> the Rules were revised by the State Engineer. The stakeholder meetings in 2022 focused on the <br /> changes to the draft Rules. The State Engineer presented a brief overview of the purpose and <br /> 2 <br />
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