2 Colo. Code Regs. § 410-1-11

Current through Register Vol. 48, No. 1, January 10, 2025

Rule 2 CCR 410-1-11 - VARIANCE

11.1 Applicability and Exceptions

11.1.1 When the strict application of any provisions of these Rules would cause unusual hardship, the Commission may grant a variance for a specific instance provided a written request for the variance is made to the Commission and the Commission finds the request justifiable in accordance with the provisions of this Rule.

11.1.2 This Rule is applicable to variance requests for all applications for new Appropriations, Allocations, and for change applications for Large Capacity Wells located in Designated Ground Water Basins that require Commission action pursuant to Rule 5 and Rule 7.

11.1.3 This Rule does not apply to variance requests made under Rules other than Rule 5 and Rule 7. However, if an application is filed for a replacement well pursuant to Rule 6 and the application includes a variance request to allow the well to be relocated to a place greater than the distance allowed for replacement wells as specified in Rule 6, said request shall be interpreted by the Staff as a request for a Change of Water Right and the Staff shall, consistent with Rule 6.1, evaluate such request pursuant to the provisions of Rule 7 and section 37-90-111(1)(g), C.R.S.

11.2 Requirements for Variance Requests from Rules 5 and 7

11.2.1 Before consideration of any request for a variance from Rule 5 or Rule 7, the Staff must receive an application for a new Appropriation or an Allocation (Rule 5) or for a Change in Water Right (Rule 7). An Applicant seeking a variance pursuant to Rule 11 may submit the variance request at the time of application for either the new Appropriation or an Allocation or Change in Water Right. The Applicant may also submit a variance request after a new Appropriation or an Allocation or Change in Water Right application has been submitted, provided the Staff has not acted on the application. However, if the Staff has already acted on the application (i.e. denied the application), then the Applicant must file a new application and request for a variance.

11.2.2 The Executive Director of the Commission or his Staff shall have the authority to initially review all variance requests and determine whether they are complete and ready for Commission consideration. Such determinations shall be made within 60 days of the variance filing date. If not, the variance request will be returned to the Applicant with a written description of the deficiencies and the steps necessary to cure them. Once the variance request is deemed complete and ready for Commission consideration, it will be published. A copy of the variance request will be sent to the appropriate Ground Water Management District.

11.2.3 Publication of a variance request will follow the provisions of section 37-90-112, C.R.S.

11.2.4 Any hearing scheduled on the variance request will be held at the next Commission meeting, but no earlier than 14 days after the end of the statutory objection period.

11.2.5 The Applicant requesting the variance shall be required to pay for all publication costs associated with the variance. The Commission will not hear the request for variance unless, at least seven days prior to the time set for the hearing, the Applicant has paid all publication costs for the variance request.

11.3 Compliance - Failure to comply with any portion of this Rule may subject the Applicant to a denial of its variance request by the Commission.

2 CCR 410-1-11

42 CR 24, December 25, 2019, effective 1/14/2020

45 CR 17, September 10, 2022, effective 9/30/2022