06 ‎(4)‎

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

Review of Administrative Record

The Administrative Record, including public written comments, all staff written comments and
all other written materials to be cons idered by the CWCB in this rulemaking will be available for
inspection at the CWCB office during normal business hours (8:00 a.m. - 5:00 p.m.) December 1,
2008 through January 27, 2009. Copies are available upon request from the CWCB for a fee of
25 cents per page.

HEARING PROCEDURE

The CWCB will not apply the rules of evidence or civil procedure. No member of the public or
CWCB Staff shall have the right to cross examine any person speaking at the hearing. CWCB
members may ask questions of any person ap pearing before them. At the end of all public
comment, the CWCB may allow members of the public to submit questions to the CWCB to ask
in its discretion .

The chair of the CWCB may stop any Scheduled Oral Presentation or General Public Comment
if the pers on speaking has exceeded his/her allotted time. No exhibits, maps, demonstrative
exhibits or physical evidence may be presented in the oral summary unless such material was
ted to the
CWCB, the material becomes part of the Administrative Record and the property of the CWCB
and will not be returned to the person offering the material.

Subject to section 24 - 4 - 103, C.R.S., the Board may modify the proposed revised Rules prior t o
promulgating final revised Rules.

DESCRIPTION OF THE SUBJECTS AND ISSUES INVOLVED

1. The CWCB is considering revis ing Rule s 8e . h. ( De Minimis Rule ) to recognize priority
administration of the CWCB instream flow water rights and to clarify th at the d ecision not to
file a statement of opposition under this Rule does not constitute (1) acceptance by the CWCB of
injury to any potentially affected instream flow water right ;
to place an administrative call for any instre am flow water right. New Rule 8e.(1) sets forth what
type of notice the CWCB will provide to water court applicants and to the Division Engineer
when it elects not to file a statement of opposition to a water court application under this Rule.

2. The CWCB is considering revis ing Rule 8i . (3) ( Injury Accepted with Mitigation ) to
provide notice to water users of : (1) the information they must submit to the CWCB when
requesting that the CWCB enter into a pretrial resolution under which it will accept injur y with
mitigation ; (2) t he factors the CWCB will consider in evaluating an injury with mitigation
proposal ; and (3) t he terms and conditions the CWCB will require in decrees incorporating injury
with mitigation .

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