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10/27/2015 10:32:52 AM
SEO FORUM: WRITTEN INSTRUCTIONS, ORDERS, AND RULES HANDOUT
CHAD WALLACE, ASSISTANT ATTORNEY GENERAL
AGO, INSTRUCTION, ORDER, RULE, REGULATION, WATER, GEOTHERMAL
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SEO Forum <br />October 31, 2007 <br />Written Instructions, Orders, and Rules <br />Chad M. Wallace, Assistant Attorney General <br />I. Orders <br />A. Internal Orders. <br /> State Engineer supervises work of Division Engineers, including by issuing written <br />instructions and orders. §§ 37-80-102(1), 37-92-202(2), 37-92-501(1), C.R.S. <br /> <br />B. Orders to Water Users. <br /> Issued to water users for various reasons including, waste, fulfilling senior priorities, <br />illegally stored water, administration of augmentation plans, installation and use of measurement <br />devices, entry on private property for inspections, clear streams, enforce rules and regulations. <br />For example, §§ 37-80-117, 37-80-118, 37-90-110, 37-92-502, C.R.S. <br /> <br />II. Rules and Regulations <br />A. Compact Rule Power § 37-80-104, C.R.S. <br /> No specific procedures, but have been promulgated along with the Water Rule Power. <br />See, Kuiper v. Gould, 583 P.2d 910 (Colo. 1978). <br /> <br />B. Water Rule Power § 37-92-501, C.R.S. <br /> 1. Rules under 1969 Act promulgated according to § 37-92-501, C.R.S.; published in <br />affected counties, filed with the water court, protests filed pursuant to § 37-92-304 as a protest to <br />a referee’s ruling <br /> 2. Water Rules to allow a continuance of existing use for maximum utilizations per § 37- <br />92-501.5, C.R.S. <br /> <br />C. Other Rules under Administrative Procedure Act <br /> 1. Follow APA unless specific procedures in other statutes. §§ 24-4-103(1), 24-4-107, <br />C.R.S. The APA process does not apply to interpretive rules or general statements of policy <br />which are not meant to be binding as rules. <br /> 2. Ground Water and Dam Safety Rules specifically mention using APA procedures. <br />§§ 37-90-137(9)(a), 37-87-102(3)(b), C.R.S. <br /> 3. By default the Geothermal Rules under § 37-90.5-106 and other general rules under <br />§ 37-80-102(1)(k) use the APA. <br /> 4. Published in Colorado Register, filed with the Secretary of State, public hearing, <br />attorney general opinion, review by office of legislative legal services. § 24-4-103, C.R.S. <br />Judicial review of final agency action per § 24-4-106, C.R.S. Secretary of State electronic <br />notification: http://www.sos.state.co.us/CCR/EmailSubscription.do. <br /> <br />D. Water Bank Rules § 37-80.5-101, C.R.S. <br /> No specific procedure; therefore, follow APA. Also approved by water court. Any <br />judicial review is pursuant to APA.
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