14 ‎(3)‎

• Board Meeting Date: 1/23/2008
• Description: ISF Section - New Appropriation Recommendations in Water Divisions 1, 2, 5, and 6
• Board Meetings - Doc Type: Memo

Staff Recommendation

For each stream listed on the attached Tabulations of Instream Flow and Natural Lake Level
Recommendations, the staff recommends that the Board declare its intent to appropriate in
accordance with Instream Flow Rule 5.d as follows:

5.d Board's Intent to Appropriate. Notice of the Board's potential action to declare its intent to
appropriate shall be given in the January Board meeting agenda and the Board will take public
comment regarding its intent to appropriate at the January meeting.

(1) After reviewing Staff's ISF recommendations for proposed ISF appropriations, the Board
may declare its intent to appropriate specific ISF water rights. At that time, the Board
shall direct the Staff to publicly notice the Board's declaration of its intent to appropriate.

(2) After the Board declares it's intent to appropriate, notice shall be published in a mailing
to the ISF Subscription Mailing Lists for the relevant water divisions and shall include:

(a) A description of the appropriation (e.g. stream reach, lake location, amounts,
etc.);
(b ) Availability (time and place) for review of Summary Reports and
Investigations Files for each recommendation; and,
(c) Summary identification of any data, exhibits, testimony or other information
in addition to the Summary Reports and Investigations Files supporting the
appropriation.

(3) Published notice shall also contain the following information:

(a) The Board may change flow amounts of contested ISF appropriations based on
information received during the public notice and comment period.
(b) Staff will maintain, pursuant to Rule 5e.(3), an ISF Subscription Mailing List for each
water division composed of the names of all persons who have sent notice to the
Board Office that they wish to be included on such list for a particular water division.
Any person desiring to be on the ISF Subscription Mailing List(s) must send notice to
the Board Office.
(c) Any meetings held between Staff and members of the public will be open to the
public. Staff may provide Proper Notice prior to any such meetings and may provide
notice to persons on the ISF Subscription Mailing List(s).
(d) Any Notice to Contest must be received at the Board office no later than March 31 s\
or the first business day thereafter. All Notices of Party status and Contested Hearing
Participant status must be received at the Board office no later than April 30th, or the
first business day thereafter.
(e) Staff will announce its Final StaffISF Recommendation concerning contested
appropriations at the September Board meeting and will send notice of the Final Staff
Recommendation to all persons on the Contested Hearing Mailing List.
(f) The Board may take final action on any uncontested ISF appropriations at the May
Board meeting.

(4) After the Board declares its intent to appropriate, notice of the Board's action shall be
mailed within five working days to the County Commissioners of the county(ies) in
which the proposed reach or lake is located.

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