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DWR_4437121
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DWR_4437121
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Last modified
5/13/2025 11:00:32 AM
Creation date
5/13/2025 9:49:08 AM
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Rulemaking
Rule Name
Division 7 Measurement Rules
Document Date
12/5/2024
Document Type - Rulemaking
Final Actions
Subject
Statement of Basis and Purpose
Date Effective
6/1/2025
Year Initiated
2023
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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 7, the <br /> State Engineer held stakeholder meetings, released drafts of the Rules, solicited public feedback <br /> and input on the draft Rules, and released and updated drafts of the Rules based on that feedback. <br /> In July through August 2023, the State Engineer held four in-person stakeholder meetings in <br /> Water Division 7 in Dove Creek, Cortez, Bayfield, and Pagosa Springs. The State Engineer also <br /> held a virtual stakeholder meeting in September 2023, via Zoom. Prior to the stakeholder <br /> meetings, the State Engineer circulated draft Rules in July 2023 to stakeholders and persons who <br /> had signed up to receive notifications on the Rules. Based on feedback from the stakeholder <br /> meetings, the State Engineer circulated revised draft Rules in October 2023. In addition to <br /> providing comments during the stakeholder meetings, stakeholders also submitted written <br /> comments to the State Engineer. Following retirement of the State Engineer at the time, the new <br /> State Engineer circulated revised draft Rules in October 2024 and held an in-person stakeholder <br /> meeting in Durango, with a remote access option available through Google Meet. <br /> All stakeholder meetings were open to the public and noticed on the State Engineer's <br /> website. In addition, email notices were sent to all persons who provided contact information, to <br /> those who signed up on the notification list, and to those on the water commissioner contact lists. <br /> At all times during the stakeholder process, a working draft of the Rules was posted on the <br /> Division of Water Resources website. As the State Engineer responded to stakeholder input, <br /> revised updated versions of the draft Rules were posted on the Division of Water Resources <br /> website and shared with the notification list to invite additional review and comment. <br /> At the stakeholder meetings, the State Engineer provided general information on water <br /> administration in Colorado; background on what Measuring Devices are and how they are used; <br /> recordkeeping, recording, and reporting procedures; the purpose and need for the proposed <br /> Rules; the rulemaking process; and a detailed walk-through of the draft Rules. At the stakeholder <br /> meeting in October 2024, the State Engineer reviewed many of the same topics covered in prior <br /> presentations, but also focused on the changes to the draft Rules made in response to stakeholder <br /> feedback. <br /> Virtual meetings were offered to accommodate more schedules and to solicit wider input <br /> from the public to provide feedback. <br /> 2 <br />
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