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<br />OOD4~9 <br /> <br />11. Staff Report <br />The Staff shall provide a written report and recommendation to the Board based on the <br />information provided by the Applicant and any other applicable information. <br /> <br />12. Request for a Hearing <br />The Applicant, any Party, or any Board member may request that the Board hold a public <br />hearing regarding a RICD. Such requests must be submitted in writing to and received at the <br />Board office within forty-five days after the Application Receipt Date. <br /> <br />13. Hearing Procedures <br />If a hearing is requested pursuant to Rule 12, the Director shall appoint a Hearing Coordinator to <br />set the date ofthe hearing(s) and establish the procedures by which evidence will be offered. <br />a. The Hearing Coordinator shall, in consultation with the Applicant, determine the date and <br />location of all hearings. <br />b. The Board shall notify the Applicant and all Parties of the hearing(s) at least 21 days <br />prior to the hearing date(s). <br />c. Any Party may present testimony or offer other evidence regarding whether the RICD <br />should be granted, granted with conditions or denied. <br />d. The Hearing Coordinator shall set timelines and deadlines for all written submissions. <br />Prehearing statements will be required, and shall include, but not be limited to, the <br />following: 1) a list of all disputed factual and legal issues; 2) the position of the Party <br />regarding the factual and legal issues; 3) a list identifying all of the witnesses that will <br />testify for the Party, and a summary of the testimony that those witnesses will provide; <br />and, 4) copies of all exhibits that the Party will introduce at the hearing(s). <br />e. Board hearings may be recorded by a reporter or by an electronic recording device. Any <br />Party requesting a transcription of the hearing(s) shall be responsible for the cost of the <br />transcription. <br />f. The Hearing Coordinator shall determine the order of testimony for the hearing(s), and <br />shall decide other procedural matters related to the hearing(s). The Hearing Coordinator <br />does not have authority to rule on substantive issues, which authority rests solely with the <br />Board. <br />g. The Board may take fmal action at the hearing(s) or continue the hearing and/or <br />deliberations to a date certain. <br />h. If the application as submitted to the CWCB is not the same as a proposed decree <br />submitted by the Applicant to the Water Court. then the CWCB has the right to review <br />the differences between such proposed decree and the Application. rSouthwestern <br />sut!t!ests addint! the words "and comment on" after the word "review") <br />rSoutheastern sut!t!ests deletint! this rule as does the UDDer Gunnison River Water <br />Conservancy District and the Colorado River Water Conservation District) <br />1. The Board may permit general comments from any person who is not a Party; however, <br />the Board may limit these public comments to five minutes per person. <br />J. The Board will not apply the Colorado Rules of Evidence at hearings on RICDs. <br /> <br />14. Submission of Findings and Recommendation to the water court <br />Pursuant to section 37-92-102(6)(c), C.R.S. (2001), the Board shall submit its Findings of Fact <br />and recommendation to the water court within 90 days after the final closing date for filing <br /> <br />13 <br />