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B. Authority for Proposed Rulemaking <br /> Section 37-80-102(1)(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 4, the <br /> State Engineer held stakeholder meetings, released drafts of the Rules, and solicited public <br /> feedback and input on the draft Rules. In April and May 2025, the State Engineer held four in- <br /> person stakeholder meetings in Water Division 4 in Delta, Gunnison, Norwood, and Montrose. <br /> Virtual options were made available for all four meetings to accommodate more schedules and to <br /> solicit wider input from the public to provide feedback, and a recording of one of the meetings <br /> was made available on the DWR website. Prior to the stakeholder meetings, the State Engineer <br /> circulated notice of the draft Rules and information pertaining to the stakeholder meetings to all <br /> persons on the Division 4 Substitute Water Supply Plan notification list. All stakeholder <br /> meetings were open to the public and noticed on the State Engineer's website. At the stakeholder <br /> meetings, the State Engineer provided general information on water administration in Colorado; <br /> background on what Measuring Devices are and how they are used; recordkeeping, recording, <br /> and reporting procedures; the purpose and need for the proposed Rules; the rulemaking process; <br /> and a detailed walk-through of the draft Rules. In addition to providing comments during the <br /> stakeholder meetings, stakeholders also submitted written comments to the State Engineer. At all <br /> times during the stakeholder process, a working draft of the Rules was posted on the Division of <br /> Water Resources website. <br /> IV. Overview of the Rules and Mechanisms for Compliance <br /> Rules 1 and 2: Title and Authority <br /> Rules 1 and 2 state the title and statutory authority for the Rules, which are discussed in <br /> Sections I and II, above. <br /> Rule 3: Scope and Purpose <br /> Rule 3.1: Scope <br /> Rule 3.1 defines the scope of the Rules and cites specific exceptions to which the Rules <br /> do not apply. The Rules apply to all surface water Diversions, Groundwater Diversions <br /> (including wells), and the storage, release, and delivery of water, unless a particular Diversion is <br /> specifically listed as an exception in the Rules. Consistent with the statutory definition in section <br /> 37-92-103(7), C.R.S., a Diversion means removing water from its natural course or location, or <br /> controlling water in its natural course or location, by means of a control structure, ditch, canal, <br /> flume, reservoir, bypass, pipeline, conduit, well, pump, or other structure. The Rules apply if a <br /> 2 <br />