NOTICE OF PUBLIC RULEMAKING HEARING
BEFORE THE COLORADO GROUND WATER COMMISSION

SUBJECT MATTER, STATEMENT OF BASIS, PURPOSE AND SPECIFIC STATUTORY AUTHORITY
The Colorado Ground Water Commission, pursuant to Sections 37-80-102(1)(g) and (k) and 37-90-111(1)(h), C.R.S. (2005), has proposed the adoption of amendments to existing rules entitled Rules of Procedure for Hearings before the Colorado Ground Water Commission (“Rules”) presently codified at 2 CCR 403-2 of the Colorado Code of Regulations.  Since the Commission’s Rules were last amended in 1981, the Ground Water Commission and its Hearing Officers have become much more involved in adjudicatory and rulemaking proceedings.  In addition, the Rules currently deal only with adjudicatory proceedings and not with rulemaking hearings.  Over the years, the Commission and its staff have observed that the existing Rules are sometimes silent with respect to certain substantive and procedural issues that have arisen during the course of various adjudicatory and rulemaking proceedings before the Commission.  The proposed amended Rules attempt to provide a procedural context in which such issues can be appropriately dealt with in a uniform manner consistent with the State Administrative Procedure Act, section 24-4-101 et seq., C.R.S. and the Colorado Ground Water Management Act, sections 37-90-101 et seq., C.R.S.

HEARING SCHEDULE:

	DATE:		Friday, August 18, 2006
	TIME:		9:00 a.m.
	LOCATION:	Doubletree Hotel
Kokopelli Conference Room
743 Horizon Drive
Grand Junction, CO 81506

PUBLIC PARTICIPATION

Written Comments.  All public comments on the proposed rules should be made in writing.  Five copies of all public written comments must be delivered to the Colorado Ground Water Commission at 1313 Sherman Street, Room 818, Denver, CO 80203 by the close of business (5:00 p.m.) on Wednesday, August 2, 2006.  The Commission may in its discretion accept and consider late written comments and day-of-hearing written comments, but any person who fails to deliver written comments and apply for party status (see below) by the August 2, 2006, deadline will not be entitled to make a Scheduled Oral Presentation.

Written comments may include any written data, view or arguments concerning the proposed amended rules and may contain alternative amendments and additions, legal arguments or briefs, and materials prepared by persons other than the submitter.

Testimony.  Two types of oral presentations will be available to the public.  The first, referred to as a Scheduled Oral Presentation, will be allotted a period of up to twenty minutes each, depending upon the number of participants requesting a Scheduled Oral Presentation.  The second, referred to as General Public Comment, will be allowed three minutes or less each, depending upon the time available and the number of participants, and scheduled on a “first come, first served” basis.  Scheduled Oral Presentations are available only to persons who deliver their written comments to the Commission’s office and apply for party status on or before August 2, 2006.  Comments shall be restricted to the subject of the proposed Rules.

Party Status.  Any person who desires to make a Scheduled Oral Presentation must apply for party status by submitting a written notice of party status to the Colorado Ground Water Commission, 1313 Sherman Street, Room 818, Denver, CO 80203 (Attention: Joseph Grantham) on or before Wednesday, August 2, 2006.  The notice of party status must: (1) identify the party’s name, address, telephone number, and if applicable, facsimile number; (2) describe how the proposed amendments to the Rules affect the party’s interests; and (3) briefly summarize the policy, factual, and/or legal issues the party wishes to address before the Commission.

PREHEARING CONFERENCE

A prehearing conference may, at the discretion of the Commission, be scheduled, depending upon the number of written comments received by August 2, 2006.  All parties who submit written comments and apply for party status by the August 2, 2006 deadline will be notified if a prehearing conference is scheduled.

Review of Administrative Record

The Administrative Record, including public written comments, written comments of the Commission staff, and all other written materials to be considered by the Commission in this rulemaking will be available for inspection at the Commission’s office during normal business hours (8:00 a.m. -5:00 p.m.) from August 4, 2006 through August 16, 2006.  Copies will be made available upon request to the Commission for a copying fee (plus postage if applicable).

HEARING PROCEDURE

The Commission will not apply the rules of evidence or civil procedure at the rulemaking hearing.  No member of the public shall have the right to cross examine any participant at the hearing, but members of the Commission may ask questions of any person who appears before them.  

The Commission may stop any Scheduled Oral Presentation or General Public Comment if the person speaking has exceeded his/her allotted time or if the comments do not pertain to the subject of the proposed revised Rules.  No exhibits, maps, demonstrative exhibits or physical evidence may be presented in the oral summary unless such material was attached to the participant’s written comment.  Once a written comment is submitted for the consideration of the Commission, the material becomes part of the Administrative Record and therefore the property of the Commission and will not be returned to the submitter.

Subject to Section 24-4-103, C.R.S., the Commission may modify the proposed revised Rules prior to promulgating final revised Rules.

EFFECTIVE DATE

The amended Rules as adopted will become effective 20 days after publication of the final rules in the Colorado Register.