2 CCR 402-11-10 - VARIANCES

10.1 Written Requests- Variances to these rules may be granted by the State Engineer upon written request and a showing by the Applicant that the requested variance will comply with the intent of these rules to protect the public safety, health and environment, prevent injury to existing users of, and rights to withdraw water from the Denver Basin aquifers and Nontributary Groundwater Aquifers, and prevent the waste or contamination of surface water or groundwater.

10.2 Notice- If, in the interest of the public welfare, the State Engineer finds it necessary to require the Applicant to provide notice of request for variance to these rules, it shall be deemed to mean a publication in a newspaper of general circulation in each of the counties concerned or distribution to an electronic notification list, as specified by the State Engineer. The notice shall specify the rule for which the variance is being sought and state the reason for the request for a variance. All objections, either to the notice or the request for a variance shall be in writing and shall briefly state the nature of the objection and shall be filed within the time and at the place designated in the notice. The time for filing written objections to notices described in this rule shall extend to thirty-five (35) days following the last publication or distribution of the notice.

10.3 Written Response- The State Engineer shall respond in writing to a variance request in a reasonable amount of time stating the reasons for the decision and imposing conditions necessary to implement the intent of these rules. The State Engineer shall consider any written objections filed under Rule 10.2 in making his decision and his written response to the variance request shall constitute a final agency action for the purposes of any appeal.

Notes

2 CCR 402-11-10

41 CR 11, June 10, 2018, effective 6/30/2018