2 Colo. Code Regs. § 410-2-4

Current through Register Vol. 47, No. 19, October 10, 2024

Rule 2 CCR 410-2-4 - Definitions

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

B. "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 Commission, including all matters contemplated under the Commission's Rules and Regulations for the Management and Control of Designated Ground Water, 2 CCR 410-1 other than rulemaking. Adjudicatory Proceedings are governed by the procedures in Rules 9, 10 and 11 of these rules.

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

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

E. "Commission" - The Colorado Ground Water Commission as defined under § 37-90-104, C.R.S. as may be amended. The address of the Commission is:

Colorado Ground Water Commission

c/o Colorado Division of Water Resources

1313 Sherman St., Room 821

Denver, CO 80203

F. "Determination Act" - The Water Rights Determination and Administration Act of 1969.

G. "Executive Director of the Commission" - The State Engineer as defined in § 37-90-105(6), C.R.S., as may be amended.

H. "Ex parte Communication" - An oral or written communication regarding a proceeding where the communication is between the Commission or Hearing Officer and a Party to the proceeding that is not on the public record; is not authorized by other specific provision of law or order of the Commission; 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.

I. "File or Filed": Received in the office of the Colorado Division of Water Resources and date-stamped by staff as received on that day or, when filed by electronic mail for rulemakings or Adjudications as provided herein:

1. Electronic Mail - Service by electronic mail shall be complete when the Commission or Office of the State Engineer receives an electronic mail containing an attached, signed version of the document to be filed. Received shall mean the date on which the electronic mail is delivered to an inbox. When any Person, Interested Person, Agency 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 Commission 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.

2. All filings for Rulemaking and Adjudicatory Proceedings under these Rules shall be made by electronic mail.

3. Exception to Electronic Filing - Any Person or Agency may request approval by the Executive Director or his designee 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 U.S. mail if electronic filing is not available.

J. "Hearing Officer" - An agent designated by the Commission pursuant to § 37-90-113(2) C.R.S.

K. "Initial Decision" - A decision made by the Commission's designated Hearing Officer which will become the final action of the Commission unless reviewed by the Commission. § 24-4-102(6), C.R.S.

L. "Interested Person" - Any Person who may be aggrieved by an action of the Commission or its Staff. § 24-4-102 (6.2), C.R.S.

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

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

O. "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 Commission, subject to the provisions of these Rules.

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

Q. "Rules" - These Rules of Procedure For All Hearings Before The Colorado Ground Water Commission.

R. "Rulemaking Proceedings" - Rulemaking Proceedings are the notice and hearing activities required by law for the Commission to adopt rules, as authorized by the Management Act, the APA or other specific authority provided to the Commission, 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 Commission. Rulemaking Proceedings are governed by the procedures in Rules 6 and 7 of these rules.

S. "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 §§ 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 address of the State Engineer is:

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

T. "Stipulation" - An agreement or concession as to facts or the law made by the Parties in a proceeding before the Commission or Hearing Officer.

2 CCR 410-2-4