SB 96-64 Signed Bill

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

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APPROPRIATION, OR DECREE ,SHALL BE MADE AS A NEW APPROPRIATION.
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_ (b) (I) _ EXCEPT AS PR~VIOED PURSUANT TO PARAGRAPH (d) OF
lHI,S SUBSE~Tlp~ - (4), IF1~ilHE-... BOARD DETERMINES' THAT IT IS
! APPROPRIATE -10 '-"'-'CONSIDER.' D.ECREASING AN EXISTING DECREED
. APPROrRIATION~ 'THE BOARD SHAll. PROCEED THROUGH AN ADEQUATE PUBLIC
NOIICE AND .COMMENT. PROCESS TO..CONSIDER SUCH DECREASE AT A PUBLIC
MEEIING. . :.: . .. - .-;:, .

(II) FOR THE PURPOSES OF .THIS PARAGRAPH (b), IIADEQUATE
PUBLIC NOTICE AND COMMENT PROCESS" SHAll INCLUDE THE FOLLOWING:

(A) HOTICE OF THE PROPOSED DECREASE 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 THE BOARD.:-Ato~HICtif~lHJ. DECREASE IS TO...BE CONSIDERED
SHAll OCCUR: Al.-:lEAST . SJ~I~~_DAYSj<I\FTER .THE MONTH, IN WHICH THE
RESUME IS PUBLISHED.. NOTICE' SHAll J\lSO BE PUBLISHED IN A
NEWSPAPER OF STATEWIDE DIST~IBUTION WITHIN THIRTY TO FORTY-FIVE
DAYS PRIOR TO SUCH FIRST PUBl1C MEETING.

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(B) IF THE BOARD 'DECIDES AT SUCH FIRST ?UBlIC MEETING TO
CONSIDER THE PROPOSED DECREASE, THE BOARD SHALL ANNOUNCE .PUBLICl Y
THE DATE OF A SUBSEQUENT PUBLIC MEETING FOR SUCH ~URPOSE.

. ..: 5- i (C) ':: ON_JHE:JrlRIJJ.EN,REQU~.'hQ_f,,: ANl PEJt~Ot(,~E-,'lITHIN . TH IRTY
DAYS AFTER THE DATE OF THE ~F1RST. PUBLIC MEETING~''lHE "BOARD SHALL
DELAY THE SUBSEQUENT PUBLIC-;MEETING FOR UP JO ONE YEAR TO AllOW
SUCINPERSON. IH&.J.Q.P.POIi'(U1iIJ1;i.EI}Jhirn~JQ~lEC'HO" ~OF~~Cl~NTI fI C DATA
MATERIA13CJO~e)~-.PROP:OSEDd~~eAS,~'li' _ SUCH-:- R~Q~~rp~ft!AY NOT . BE
INTERPOSED SOLELY FOR DELAY'.OFTHE PROCEEDINGS.' I. .

" _.-(D)? ON:IHE WRITTEN:REQUESTtOF:ANY PERSON,HADE WITHIN THIRTY
DAYS~AFTER.!THE~DATE OF:THE::if;{RST:,PUBLIC MEETING, THE. BOARD SHALL,
WITHIN SIXTY2DAYS'AFJER.',SllCft~8EQUEST, ESTABLISH FAIR AND FORMAL
PROCEDURES FOR THE SUBSEQUENT'-PUBUC MEETING,. INCLUDING THE
OPPORTUNITY FOR REASONABLE DISCLOSURE, DISCOVERY, SUBPOENAS,
DI~ECl EXAMINATION, 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
UUERESTS OF THE PARTICIPANTS WIll NOT BE SUBSTANTIALLY PREJUDICED
THEREBY, THE, . BOARD . MAY RECE-IVE AllOR PART OF THE EVIDENCE IN
WRITTEN 'FORM.

: '(III) THE BOARD'S FINAL WRITTEN DETERMINATION REGARDING THE
DECREASE SHALt.STATE ITS EFFECTIVE DATE, BE MAILED PROMPTLY TO THE
PERSONS WHO APPEARED BY WRITTEN OR ORAL COMMENT AT THE BOARD'~
PROCEEDING, AND BE. FILED PROMPTLY WITH THE WATER COURT. WITHIN
THIRTY .DAYS AFTER SUCH EffECTIVE DATE, ANY PERSON WHO APPEARED BY
WRITTEN OR.ORAl COMMENT AT THE BOARD'S PROCEEDING MAY FILE WITH
THE.WATER COURT AND SERVE THE BOARD A PETITION FOR JUDICIAL REVIEW

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PAGE 2-SENATE BILL 96-64