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• Board Meeting Date: 3/18/2008
• Description: ISF Section - Criteria and Guidelines to Implement 2008 ISF Legislation
• Board Meetings - Doc Type: Memo

b. The Board shall appoint a Hearing Officer to establish the procedures by
which evidence will be offered.
At least thirty days prior to the hearing date(s), the Board shall provide written
notice of the hearing(s) to the person proposing the acquisition, all interested
parties known to the Board, and all persons on the ISF Subscription Mailing
List for the relevant water division. The Board also shall provide Proper
Notice.
d. Any person who desires party status shall become a Party upon submission of
a written Notice of Party Status to the Board Office. The Notice shall include
the name and mailing address of the person and a brief statement of the
reasons the person desires party status. The Board Office must receive Notice
of Party Status within seven days after notice of the hearing is issued.
The Hearing Officer shall set timelines and deadlines for all written
submissions. Prehearing statements will be required, and shall include, but
not be limited to, the following: 1) a list of all disputed factual and legal
issues; 2) the position of the Party regarding the factual and legal issues; 3) a
list identifying all of the witnesses that will testify for the Party, and a
summary of the testimony that those witnesses will provide; and 4) copies of
all exhibits that the Party will introduce at the hearing(s).
f. Any Party may present testimony or offer other evidence regarding the
proposed acquisition.
g. The Hearing Officer shall determine the order of testimony for the hearing(s),
and shall decide other procedural matters related to the hearing(s). The
Hearing Officer does not have authority to rule on substantive issues, which
authority rests solely with the Board.
h. The Board will not apply the Colorado Rules of Evidence at hearings on
proposed acquisitions.
i. The Board may permit general comments from any person who is not a Party;
however, the Board may limit these public comments to five minutes per
person.
The Board may take final action at the hearing(s) or continue the hearing
and/or deliberations to a date certain.
k. Board hearings may be recorded by a reporter or by an electronic recording
device. Any Party requesting a transcription of the hearing(s) shall be
responsible for the cost of the transcription.
1. When necessary, the Board may modify this schedule or any part thereof as it
deems appropriate.
6j. Board Action to Acquire Water, Water Rights or Interests in Water. The Board shall
consider the acquisition during any regular or special meeting of the Board. At the Board
meeting, the Board shall consider all presentations or comments of Staff or any other
person. After such consideration, the Board may acquire, acquire with limitations, or
reject the proposed acquisition.