SB 96-64 Signed Bill

• ISF Bill Number: SB96-64
• Description: Modifying procedures and endangered species
• ISF - Doc Type: Final Signed Legislation

APPRO~RIATI~ OR DECREE'SHALL BE MADE AS A NEW APPROPRIATION.

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. . (b) (I). EXCEPT AS PR~VIDED PURSUANT TO pARAGRAPH (d) OF
:nUS SUBSEt;T1p~" (4) , IF:' .r-tHE'. BOARD DETERMINES'. THAT IT IS
. APPROPRIATE . to ..-. "CONS IDER'. DECREASING AN EXISTING DECREED
APPROPRIATION;:THE BOARD SHAll PROCEED THROUGH AN ADEQUATE PUBLIC
NOTICE AND .tOMHENT. PROCESS TO. CONSIDER SUCH DECREASE AT A PUBLIC
MEEIING. '.:.;.. ."::. .
(II) FOR THE PURPOSES OF THIS PARAGRAPH (b), "ADEQUATE
PUBLIC NOTICE AND COMMENT PROCESS. SHAll INCLUDE THE FOLLOWING:
(A) NOTICE OF THE PROPOSED OECREASE AND THE DATE OF THE
PUBLIC MEETING AT WHICH IT WILL FIRST BE CONSIDERED SHAll BE
PRINTED IN THE RESUME IN THE WATER COURT HAVING JURISDICTION OVER
THE DECREE THAT IS THE. SUBJECT OF THE DECREASE. THE FIRST PUBLIC
MEETING OF IHE 8OAR[l.:'Alh~Ipi!!'lltE. DECREASE IS TO...BE CONSIDERED
SHALL OCCUR;'AT..;lEAST SIm~DAYSt..AFTER .THE MONTH -IN WHICH THE
RESUME IS PUBLISHED.' "NOTICE." SHAll J\LSO BE PUBLISHED IN A
NEWSPAPER OF STATEWIDE DISTRIBUTION WI~IN THIRTY TO FORTY-FIVE
DAYS PRIOR TO SUCH FIRST PUBliC MEETING.
:.. ~ '. :" \: I:""~:)...: . .;::' :.0 2n-J!lA~'n~:."-. . ,.
(B) IF THE BOARD .DECIDES AT SUCH FIRST .PUBLIC MEETING TO
CONSIDER THE PROPOSED DECREASE, THE BOARD SHALL ANNOUNCE 'PUBLICL Y
THE DATE OF A SUBSEQUENT. PUBLIC MEETING FOR SUCH ~RPOSE.
. . ...~ j"i-(C)".: ON.: THi"JIRIB'.EN\8EQIJ~f.. ANY~ PfR$ON.t~E ,lflTHIN. THIRTY
DAYS AFTER THE;DATE OF THE :F1RST PUBLIC MEETING; lHE"lKJARD SHALL
DELAY THE SUBSEQUENT PUBlIC.;MEETING FOR UP JO ONE YEAR TO AllOW
SUCfl:JPERSOtf. DEJD..P..POIlUI.NOJi ~tJQ~LEalort :OF::~CIpTIf.IC DATA
MAtERrA15CJ'oaHe,'1~PROP:OSEl)3dJ~~,~'l:--:$UCH:. ~Q9ESt1f~Y NOT .BE
INTERPOSm SOLELY FOR DELAY" OFlHE PROCEEDINGS. --" ..
" .:.:{D.)". ON:tHE- WRITTEN: REQUmtOF ~MY PERSON;MADE WITHIN THIRTY
DAYS:AF.1'ER.mIE=~DATE OFrTHE?f.lR.S1;rPUBl:IC HEETING, THE. BOARD ~HALL,
WI-THIN SImE:1)AYS:'AFIER;:SU.at.!ftEQ.U~ ~ ESTABLISH FAIR AND FORMAL
PROCEDURES FOR THE SUBSEQUENT: -PU811C ,.,fETING;" I-HClUDIN(i THE
OPPORTUNITY FOR REASONABLE DISCLOSURE, DISCOVERY, SUBPOENAS,
DI-RECT." UAMlNATlON, . AND: '.CRQSS EXAMINATION, AND MAY PROMULGATE
RULES - .THAT WILL ASSURE. .ORDERl Y PROCEDURES. SUBJECT TO THESE
RIGHTS :AND REQUIREMENTS," .WHERE A MEETING WILL BE EXPEDITED AND THE
INtERESTS OF. THE: PARTICIPANTS WILL NOT BE SUBSTANTIAllY PREJUDICED
THEREBY, .THE, . BOARD .-HAY RECE.IVE AllOR PART OF THE EVIDENCE IN
WRITTEN -FORH~.

. .
... : .(UI) THE BOARD'S FINAL WRITTEN DETERMINATION REGARDING THE
OECREASE SHAlt.STATE ITS EFFECIIVE DATE, BE MAILED PROMPTLY TO THE
PERSONS WHO APPEARED BY WRITTEN OR. ORAl aH4ENT AT THE BOARD'S
P.ROCEIDING, AND BE. FIlED PROMPTLY WITH THE WATER COURT. WITHIN
THIRTY. DAYS AFTER SUCH .EfFECTIVE DATE, ANY PERSON WHO APPEARED BY
WRITTEN OR'ORAL C0ft4ENT AT THE.BOARD'S PROCEEDING MAY FILE WITH
THE " WATER COURT AND SERVE THE BOARD A PETITION FOR JUDICIAL REVIaI
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