Code of Colorado Regulations
400 - Department of Natural Resources
402 - Division of Water Resources
2 CCR 402-5 - PROCEDURAL REGULATIONS
3 - Applicability

Universal Citation: 2 CO Code Regs 402-5 ยง 3

Current through Register Vol. 47, No. 17, September 10, 2024

A. These rules apply to rulemaking, Adjudicatory Proceedings, declaratory orders, reconsideration of rulemaking decisions, and reconsideration of Adjudicatory Proceedings before the State Engineer.

B. Except when necessary to comply with applicable statutes, the State Engineer may waive the requirements of these rules whenever it is determined that strict adherence to the rules will not promote fairness and impartiality. In any such instance, appropriate justification shall be provided to all Interested Persons and Parties.

C. In the event of a conflict between these rules and the APA, the Determination Act, or the Management Act, the statutes shall prevail. The provisions of the APA generally apply to all hearings held by the State Engineer. Specifically, the provisions of § 24-4-103, C.R.S., shall apply to all rulemaking hearings, the provisions of § 24-4-104, C.R.S., shall apply to all decisions regarding the grant, renewal, denial, revocation, suspension, annulment, limitation or modification of Licenses (permits), and the provisions of § 24-4-105, C.R.S., shall apply to all Adjudicatory Proceedings and petitions for declaratory orders unless such provisions are inconsistent with the specific provisions of the Determination Act and/or the Management Act, in which case the those statutory provisions shall control.

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