Code of Colorado Regulations
400 - Department of Natural Resources
408 - Colorado Water Conservation Board
2 CCR 408-3 - RECREATIONAL IN-CHANNEL DIVERSION RULES
Section 14

Universal Citation: 2 CO Code Regs 408-3 ยง 14

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

If the applicant proposes, by pleading, to amend the application that was submitted to the board then the applicant or any party may move the water court to remand the revised RICD application to the board for consideration of the amendments. If the water court remands the revised RICD application to the board, the following procedures shall apply:

a. Within 15 days of the water court's order for remand, the applicant or any party may make a written request for the board to hold a public hearing regarding the revised RICD application.

i. Moving counsel should confer with counsel for other parties prior to filing such a request.

ii. The board has discretion whether to hold a hearing as requested by the applicant or party, or whether to review the revised RICD application on the evidence in the record.

b. Any hearing on the revised RICD application shall be held no sooner than fifteen (15) days after the request for such a hearing is received by the board, and no later than ninety (90) days after the receipt of such request.

c. If a hearing is held on the revised RICD application, any party may submit evidence regarding the difference between the revised RICD application and the application originally reviewed by the board or the effects such differences may have on the board's findings or recommendations.

d. No person shall be granted party status to the hearing on the revised RICD application unless they were a party to the original hearing.

e. The procedures described in Rule 13, with the exception of Rule 13.c., shall apply to any hearing on a revised RICD application.

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