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Rule 10. Noncompliance <br /> Failure to comply with any of these Rules or a valid order of the Division Engineer to comply <br /> with these Rules may subject an Owner and/or User to court proceedings and payment of the <br /> state's costs, including reasonable attorney's fees, associated with enforcement of these Rules or <br /> a valid order of the Division Engineer to comply with these Rules pursuant to sections 37-92-502 <br /> and -503, C.R.S. Prior to filing any court action, the Division Engineer shall notify the Owner <br /> and, if a different Person, the User, if both are known by records maintained by the Division <br /> Engineer, of the violation in writing in the form of an order to comply, by certified mail and shall <br /> advise the 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 decision granting the`variance and setting forth the terms 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 7, 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 Other Structure or approval or <br /> disapproval of a Measurement Method under these Rules may request administrative review of <br /> such determinations. Administrative review will be conducted in accordance with the <br /> adjudicatory and reconsideration procedures of the State Engineer's Procedural Rules (2 CCR <br /> 11 <br /> EXHIBIT A <br />