DWR_4437479

• Board or Commission: Colorado Ground Water Commission
• Document Type - Board and Commission Meetings: Meeting Document
• Document Date: 11/15/2024
• Subject: Meeting Minutes

Ground Water Commission Meeting Minutes Page 16
November 15, 2024
meetings.
Ms. Herman responded that it would be possible to include a list of permits
needing correction that could be approved under one consent agenda at
Commission meetings.
Ms. Mele commented that she would like to raise the issue of how to handle the
correction of clerical errors in cases involving contested applications. Ms. Mele
questioned if these types of cases could be handled the same way as cases that
were not contested.
Ms. Williams commented that if a case went to hearing, all parties would need
to be notified of the prospective correction to the permit. Ms. Williams also
suggested that these cases would need to be published.
Ms. Mele responded that the proposed rule change would need to address how
to handle situations involving contested applications and errors on both permits
and findings Et orders documents.
Ms. Williams commented that most applications in Designated Basins have a
corresponding findings Et orders that would need to be addressed.
Commissioner Noble commented that it may be possible to add language to
new findings Et orders documents that would allow for the findings Et orders to
remain consistent with a corresponding permit after the permit was corrected
to fix a clerical error. This may allow the permits to be corrected without a
need to also correct the findings Et orders.
Ms. Herman agreed that this could be a possible approach, but is something
that would need more consideration from a legal standpoint.
Ms. Mele asked the Commission if the intent was to address both permits and
findings Et orders through the rule change.
Ms. Williams responded that the issue that spurred the desire for a rule change
involved a case where an error was made on the publication, findings Et orders,
and final permit documents. A change of water right application in this case
brought the error to Staff's attention, and a new findings and order document
was subsequently issued along with a new final permit. Ms. Williams stated that
to correct the error in this case without a corresponding change of water right
application would have at least required the correction of the final permit.
Commissioner Noble asked if there would be a possibility to add into a new rule
the ability to retain jurisdiction in new findings Et orders.