06 ‎(4)‎

• Board Meeting Date: 11/18/2008
• Description: ISF Section - Instream Flow Rules Revision
• Board Meetings - Doc Type: Memo

ISF Rule 6 Water Acquisitions November 1 0 , 2008 Draft
(Changes to September 2008 Draft shown in bold)
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: 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
identified in its prehearing statement regarding the pr oposed
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 author ity 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 f ive minutes per person.
j. 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
transcripti on of the hearing(s) shall be responsible for the cost
of the transcription.

l. When necessary, the Board may modify this hearing procedure
schedule or any part thereof as it deems appropriate.

6j. 6n. Board Action to Acquire Water, Water Rights or Interests in Wat er . 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.

6k. 6o. Water Court Proceeding . In the event water, water rights or interests in
water acquired by the Board are not presently decreed for ISF uses to
preserve or improve the natural environment to a reasonable degree, the
Board may shall authorize the Attorney General to file a water court
application to obtain a decreed right to use the acquired water, water rights
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