BOARD00090 ‎(2)‎

• Board Meeting Date: 11/14/2006
• Description: ISF Section - Contested ISF Appropriation - Arkansas River
• Board Meetings - Doc Type: Hearings

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BEFORE THE COLORADO WATER CONSERVATION BOARD

IN THE MATTER OF PROPOSED INSTREAM FLOW APPROPRIA nONS
DIVISION 4: SMITH FORK GUNNISON RIVER AND SOUTH SMITH FORK
GUNNISON RIVER

NOTICE OF PREHEARING CONFERENCE AND DEADLINES F'OR
SUBMISSIONS

The Colorado Water Conservation Board has designated Deputy Attorney General Casey Shpall
as Hearing Officer for the contested proposed instream flow appropriations on Smith Fork
Gunnison River and South Smith Fork Gunnison River. The hearing for these matters is set for
the Board's meeting in November 2006.

Pursuant to Rule Sc of the Rules Concerning the Colorado Instream Flow and Natural Lake
Level Program, the Hearing Officer hereby establishes the following deadlines for written
submissions, designation of witnesses and exhibits, and the date of the prehearing conference.

September 8, 2006: Prehearing Statements Due

On or before 4:45 p.m. each Party shall file twenty-two hard copies of its prehearing statement
with the Board. A prehearing statement shall identify all exhibits, engineering data, biological
data and reports or other information that the Party will rely upon at the hearing and shall
contain:
i) a specific statement of the factual and legal claims asserted (issues to be
resolved) and the legal basis upon which the Party will rely;
ii) copies of all exhibits to be introduced at the hearing;
iii) a list of witnesses to be called and a description of their testimony;
iv) any alternative proposal to the proposed instream flow;
v) all written testimony to be offered into evidence at tht: hearing; and,
vi) any legal memoranda.

By this deadline, each Party shall also deliver a copy of its prehearing statement, by hard copy or
ema.il, to all other Parties, Contested Hearing Participants, the Hearing Ofticer and the Assistant
Attorney General representing the Staff. The Board will not consider information, other than
rebuttal statements, submitted by the Parties after this deadline except for good cause shown.

Any Contested Hearing Participant may also submit written comments by St:ptember 8, 2006.
Contested Hearing Participants who submit written comments for the Board's consideration shall
provide a copy to all other Contested Hearing Participants, Parties, the Hearing Officer, and the
Assistant Attorney General representing the Staff.