2 Colo. Code Regs. § 402-5-4

Current through Register Vol. 47, No. 20, October 25, 2024

Rule 2 CCR 402-5-4 - Definitions

A. "The Determination Act"- The Water Right Determination and Administration Act of 1969, § 37-92-101 et seq., C.R.S., as may be amended.

B. "The Management Act"- The Ground Water Management Act of 1965, § 37-90-101 et seq., C.R.S., as may be amended.

C. "Adjudication"- the procedure used by the Division of Water Resources for the formulation, amendment, or repeal of an order; including orders regarding licensing and permitting under § 24-4-104, C.R.S. § 24-4-102(2), C.R.S.

D. "Adjudicatory Proceeding":- Adjudicatory Proceedings include notice, prehearing procedures and hearings which are required or allowed by law in order to determine past and future rights and obligations of persons or agencies, including persons or agencies aggrieved by an administrative action of the State Engineer other than rulemaking. Adjudicatory Proceedings are governed by the procedures in Rules 8 and 9 of these rules.

E. "The APA"- The State Administrative Procedures Act, § 24-4-101 et seq., C.R.S., as may be amended.

F. "Agency"- any board, bureau, commission, department, institution, division, section, or officer of the state, except those in the legislative branch or the judicial branch.

G. "Ex parte Communication"- An oral or written communication regarding a proceeding where the communication is between the State Engineer or Hearing Officer and a Party to the proceeding that: takes place after the adoption of a petition to notice a rulemaking or after an appeal for an adjudicatory hearing has been Filed; is not on the public record; is not authorized by other specific provision of law or order of the State Engineer; and, with respect to which reasonable prior notice to all Parties is not given. Communications solely inquiring as to the process of the proceeding that are not seeking any procedural or substantive relief, nor pertaining to any substantive issues, are not included in Ex parte Communication.

H. File or Filed: Received in the office of the State Engineer and date-stamped by staff as received on that day or, when filed by electronic mail for rulemakings or Adjudications as provided herein:

a. Electronic Mail- Service by electronic mail shall be complete when the Office of the State Engineer receives an electronic mail containing an attached, signed version of the document to be filed. When any Person, Interested Person or Party files by electronic mail, it shall be considered an agreement to be served by electronic mail. The filer is responsible for furnishing one or more electronic notification addresses at which the electronic filer agrees to accept service and shall immediately provide the State Engineer's office and all Parties with any change to the electronic filer's notification address. Special filing arrangements may be made on a case-by-case basis as needed.

b. All filings for rulemakings and Adjudications under these Procedural Rules shall be made by electronic mail.

c. Exception to Electronic Filing- Any person may request approval by the State Engineer to file documents in paper copy format if they are unable for any reason to comply with the electronic filing requirements. Pro se Parties may file documents via US mail if electronic filing is not available.

I. "Good Cause"- a rational explanation justifying why a requirement in these procedural rules was not met or need not be complied with in the particular circumstance.

J. "Initial Decision"- a decision made by the State Engineer's designated Hearing Officer which will become the final action of the Division of Water Resources unless appealed to the State Engineer. § 24-4-102(6), C.R.S.

K. "Interested Person"- any Person who may be aggrieved by the Division of Water Resources action. § 24-4-102 (6.2), C.R.S.

L. "License"- the whole or any part of any Division of Water Resources permit, certificate, registration, charter, membership, or statutory exemption. § 24-4-102(7), C.R.S.

M. "Party"- any person or agency named or admitted as a Party, or properly seeking and entitled as of right to be admitted as a Party in a proceeding before the State Engineer, subject to the provisions of these rules.

N. "Person"- an individual, limited liability company, partnership, corporation, association, county, or a public or private organization other than an agency.

O. "Rulemaking Proceedings"- Rulemaking Proceedings are the notice and hearing activities required by law for the State Engineer to adopt rules, as authorized by the Act or other specific authority, that are of general applicability and future effect implementing, interpreting, or declaring law or policy, which are intended to be binding. They include adoption of whole generic rules, or deletion of, or revisions or modifications to, existing rules of the State Engineer. Rulemaking Proceedings are governed by the procedures in Rules 6 and 7 of these rules.

P. "State Engineer"- the person appointed by the governor pursuant to section 13 of article XII of the state constitution having the general duties set forth in section 37-80-101, et seq., C.R.S., as well as duties under the Determination Act, the Management Act, and other provisions of Title 35 and 37 of the Colorado Revised Statutes. The State Engineer has the duty and authority to "administer, distribute, and regulate the waters of the state in accordance with the constitution of the state of Colorado, the provisions of this article and other applicable laws" pursuant to section 37-92-501, C.R.S. As used in these rules, "State Engineer" includes the Hearing Officer or any other person the State Engineer delegates to act on his behalf. The address of the State Engineer is:

Colorado Division of Water Resources 1313 Sherman St., Room 821 Denver, CO 80203

Q. "Stipulation"- an agreement or concession as to facts or the law made by the Parties in a proceeding before the State Engineer.

2 CCR 402-5-4

38 CR 24, December 25, 2015, effective 1/15/2016