Code of Colorado Regulations
400 - Department of Natural Resources
402 - Division of Water Resources
2 CCR 402-5 - PROCEDURAL REGULATIONS
12 - Reconsideration of Agency Action for Orders Issued Under Rules 10 or 11

A. During the time permitted for seeking judicial review of any final order of the State Engineer rendered in any Division of Water Resources proceeding under Rules 10 or 11, any Party directly affected by such order or determination may apply to the State Engineer, as appropriate, for a hearing or rehearing with respect to, or reconsideration of, such order or determination. The determination by the State Engineer whether to grant or deny the application for a rehearing or reconsideration shall be made within ten (10) days after receipt by the State Engineer of such application.

B. If the application for a hearing, rehearing, or reconsideration is granted, the order or determination to which such application pertains shall not be considered final for purposes of judicial review, and the State Engineer may affirm, reverse, or modify, in whole or in part, the pertinent order or determination. Thereafter, such order of determination shall be final and not subject to reconsideration under this section.

C. If the application for rehearing, or reconsideration is denied, the order of determination to which such application pertains shall be considered final agency action as of the date specified in Rule 10(G)(7). An application under this section extends the time period for seeking judicial review of the original order or determination only for the number of days that it is pending, since such an application merely stays the time period for seeking judicial review.

The rules are hereby adopted and shall become effective 20 days after publication in the Colorado Register.

Dated this 25th day of November, 2015.

_____________________________

Dick Wolfe

State Engineer/Executive Director

Office of the State Engineer

Division of Water Resources