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"0-"-) t:.c ;.! ,. ~l', U uiv"" ~,~~nd ~j~t"'~~. 9-29-05 SECWCn Proposal for Revisions to RICn Rules 14) If a proposed decree submitted by the Applicant to the Water Court does not reflect the same amount of stream flow, location of diversion, capture, control or place of beneficial use and/or time of day and season of use as the application submitted to the Board, then no later than 240 days before trial, unless such a request is accompanied by a motion to stay or vacate the trial, the Applicant or any Party may move the Water Court to remand the revised RICD application to the Board for consideration of the amendments. If the Water Court remands the revised RICD application to the Board, the following procedures shall apply: ~- ,/I'~ v;1- P -;/../ B --- Delete Paragraph 13.h., insert a new paragraph 14 as follows and renumber accordingly: a) Within 15 days of the Water Court's order for remand, the Applicant or any Party may make a written request for the Board to hold a public hearing regarding the revised RICD application. i) Moving counsel should confer with counsel for other parties prior to filing such a request. The request shall, at the beginning, contain a certification that the movant has in good faith conferred with opposing counsel about the request and the Board shall be advised as to the result of the conference. If no conference has occurred, the reason why shall be stated. ii) The Board has discretion whether to hold a hearing as requested by the Applicant or Party, or whether to review the revised RICD application on the evidence in the record. b) Any hearing on the revised RICD application shall be held no sooner than twenty-one (21) days after the request for such a hearing is received by the Board, and no later than ninety (90) days after the receipt of such request. c) If a hearing is held on the revised RICD application, any Party may submit evidence regarding the difference between the revised RICD application and the application originally reviewed by the Board or the effects such differences may have on the Board's findings or recommendations. No Party may present any evidence that could have been presented during the Board's initial review. d) No person shall be granted party status to the hearing on the revised RICD application unless they were a Party to the original hearing or have been permitted to intervene or join the Water Court proceeding on the RICD application. e) The procedures described in Rule 13, with the exception of Rule B.c., shall apply to any hearing on a revised RICD application.