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sense to disclose confidential material via the CWCB's process when the water court itself could hear such matters in the first instance. To help alleviate these concerns, the Districts would like to see 8~i}~3}fie} removed from the proposed rules. Alternatively, the proposed rule should better indicate that the CWCB does not seek to circumvent the Colorado Rules of Civil Procedure related to the applicant's engineering, but only seeks information related to its ISF right, rather than the applicant's engineering related to the change case. The CWCB can address such concerns by tailoring the proposed rules with appropriate language. This would include the removal of the word "hydrologic" from part Div} of the rule and the addition of language that the CWCB does notseek a historicconsumptive use analysis oranalysis ofthe return flow regime, but solely a qualitative analysis of why full protection of the 1SF appropriation is not possible. In addition to the above concerns related to the proposed Rule 8~i}, the Districts would like to voice its support for proposed Policy ~ 8. To better effectuate the proposed Policy, the Districts recommend that the CWCB secure or negotiate easements for possible project sites as part of the ISF recommendation and appropriation process. Sincerely, FELT, MGNSGN, & CULICHIA, LLC ! ,6t~nnAxX ~tA h e71 J James W. Culichia David IIlI. Shohet Attorneys for Center of Colorado Water Conservancy District BERNARD, LYGNS, GADDIS & KAHN ~~ Jeffrey J. Kahn Attorney for Upper South Platte Water Conservancy District CC: Board of Directors for the Center of Colorado Water Conservancy District Board of Directors for the Upper South Platte Water Conservancy District Comments on Rule Si Page 3