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
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 .
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.