19 ‎(4)‎

• Board Meeting Date: 9/17/2008
• Description: ISF Section - Instream Flow Rules Revision Update
• Board Meetings - Doc Type: Memo

ISF Rule 6 -Water Acquisitions September 8, 2008 Draft
(Changes to July 2008 Draft shown in bold)
and may, in its sole discretion, grant or deny such a request. All
hearings scheduled by the Board shall be governed by the following
procedures:
a. A hearing on a proposed acquisition must be held within the
120-day period allowed for Board consideration of an
acquisition pursuant to Rule 6b., unless the person requesting
the Board to consider the proposed acquisition agrees to an
extension of time.
b. The Board shall appoint a Hearing Officer to establish the
procedures by which evidence will be offered.
c. 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 and the State
Engineer's Substitute Supply Plan Notification List for the
relevant water division. The Board also shall provide Proper
Notice, as defined in ISF Rule 4n.
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
issue .
e. 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: l) 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 evidence
identified in its prehearing statement 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.
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