Laserfiche WebLink
Owner and/or User of the date by which the violation must be corrected to avoid court <br /> proceedings, which date shall be at least ten (10) calendar days following the date of receipt of <br /> the notice by the Owner and/or User or personal service of the notice on the Owner and/or User. <br /> The Division Engineer may also order the Water User to curtail all Diversions by a Diversion <br /> Structure until the Water User is in compliance with these Rules. <br /> Rule 11. Variance <br /> When the strict application of any provision of these Rules presents practical difficulties or may <br /> cause undue hardship, the Division Engineer may grant a variance for a specific instance or <br /> method of application under these Rules, and the Division Engineer may impose any additional <br /> terms and conditions to such variance as are necessary to ensure compliance under these Rules. <br /> Any request for a variance shall be made to the Division Engineer, in a format prescribed by the <br /> State Engineer, and shall state the basis for the requested variance and provide supporting <br /> documentation. If the Division Engineer finds the request justifiable, the Division Engineer may <br /> issue a written order granting the variance and setting forth the teiuis and conditions on which <br /> the variance is granted. Variance requests are granted at the sole discretion of the Division <br /> Engineer. <br /> Rule 12. Effect of Rules <br /> Nothing in these Rules exempts Water Users from the requirements of any other laws, rules, <br /> permits, or water court decrees governing the use, Diversion, and administration, distribution, <br /> and regulation of surface water and groundwater in Water Division 6, whether now existing or <br /> hereafter adopted or decreed. <br /> Rule 13. Process to Appeal a Decision under these Rules <br /> Any Person adversely affected or aggrieved by the State Engineer's or Division Engineer's <br /> application of the Rules to a particular Diversion Structure or approval or disapproval of a <br /> Measurement Method under these Rules may request administrative review of such. <br /> determinations. Administrative review will be conducted in accordance with the adjudicatory and <br /> reconsideration procedures of the State Engineer's Procedural Rules (2 CCR 402-5), subject to <br /> judicial review of the final agency action under section 24-4-106 of the State Administrative <br /> Procedure Act, §§ 24-4-101 to 24-4-204, C.R.S. <br /> Rule 14. Severability <br /> If any Rule or part thereof is found to be invalid, the remaining Rules will remain in full force <br /> and effect, including any part thereof not found to be invalid. <br /> Rule 15. Revisions <br /> These Rules may be revised in accordance with applicable laws. <br /> 11 <br />