Colorado § 37-90-113 Hearings

Colorado Statutes

§ 37-90-113 — Hearings

Colorado·Title 37 Water and·Art. Underground Water

(1)Hearings on all matters to be heard by the commission shall be held within the boundaries of the designated groundwater basin and within the ground water management district, if one exists, in which the water rights directly involved are situated or at such other place as may be designated by the commission for the convenience of, and as agreed to by, the parties involved. The hearings shall be conducted before the commission under reasonable rules and regulations of procedure prescribed by it. All parties to the hearing, including the commission, have the right to subpoena witnesses, who shall be sworn by the chairman or acting chairman of the commission to testify under oath at the hearing. All parties to the hearing shall be entitled to be heard either in person or by atto

Free access — add to your briefcase to read the full text and ask questions with AI

(1) Hearings on all matters to be heard by the
commission shall be held within the boundaries of the designated groundwater
basin and within the ground water management district, if one exists, in which the
water rights directly involved are situated or at such other place as may be
designated by the commission for the convenience of, and as agreed to by, the
parties involved. The hearings shall be conducted before the commission under
reasonable rules and regulations of procedure prescribed by it. All parties to the
hearing, including the commission, have the right to subpoena witnesses, who shall
be sworn by the chairman or acting chairman of the commission to testify under
oath at the hearing. All parties to the hearing shall be entitled to be heard either in
person or by attorney.

(2) In any hearings required to be conducted by the commission, it may, in its
discretion, have such hearings conducted before such agent as it may designate,
either alone or in conjunction with the appearance of the commission if the agent is
technically qualified to conduct or assist in such hearings. Unless agreed otherwise
by all parties to a hearing or unless ordered otherwise by the commission due to
extenuating circumstances, a hearing pursuant to this section shall be held within
one hundred eighty days after the filing of a request for such a hearing. Appeals of
rulings of the agent designated by the commission shall be reviewed at any regular
or special commission meeting at the location chosen by the commission for that
meeting.

(3) At any hearing or proceedings conducted or authorized by the
commission affecting any water rights, either existing or potential, within any
ground water management district, the commission shall receive and fully consider
the testimony and recommendations of the board of directors or authorized agents
of said district, if such testimony and recommendations are offered on behalf of the
affected district.

(4) In addition to any authority established by rule by the commission for
commission matters to be referred to alternative dispute resolution, the commission
or an agent designated by the commission pursuant to subsection (2) of this section
may refer a matter before the commission to alternative dispute resolution
pursuant to section 13-22-313.

Colorado § 37-90-113 (Hearings) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

Source: L. 65: R&RE, p. 1255, � 1. C.R.S. 1963: � 148-18-12. L. 71: p. 1315, � 10. L. 79: (1) amended and (3) added, p. 1374, � 6, effective June 7. L. 98: (2) amended, p. 1221, � 10, effective August 5. L. 2017: (4) added, (SB 17-036), ch. 140, p. 468, � 1, effective August 9.