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<br /> <br /> <br />ÉÕØÉØËÐÎ×ÉÕØÑØÜÊØÎËÑÎÜÏØÅÚØÍÉÉÎÉÕØØÅÉØÏÉÊÈÚÕËØÙÈÚÉÔÎÏÔÊÛÜÊØÙÈÍÎÏÉÕØ <br />ÜÚÉÈÜÑÜÐÎÈÏÉÎ×ÆÜÉØËÜÇÜÔÑÜÛÑØÈÏÙØËÊÜÔÙ  ËÔÖÕÉÊ <br />Additionally, in Rule 6k., S <br />places for purposes of clarification. In the third sentence of Rule 6k.(3), staff made the following <br />change: <br />extend beyond the <br />decreed instream flow amount or <br />reach at any time during the loan term, and shall comply with any terms and conditions <br />imposed by the State Engineer to prevent injury. <br />Finally, in the introductory paragraph of Rule 6m., S taff adde <br />reference to Rule 6k. <br /> <br />Rulemaking Schedule and Procedure <br /> <br />S taff proposes the following schedule for the rulemaking: <br />November 2008: F ile Notice of Rulemaking and proposed Rules with Secretary of State and <br />Dept. of Regulatory Agencies. Send Notice of Rulemaking and proposed <br />Rules to ISF Subscription Mailing List. <br />December 10, 2008: Notice of Rulemaking published in Colorado Register. <br />December 30, 2008: Written comments on proposed revised Rules due. <br />January __ , 2009: Prehearing conference held in Denver. <br />January 27, 2009: Board holds rulemaking hearing and adopts revised Rules . <br /> <br />March 2009: Rules effective . <br />Staff recommends that the Board appoint a Hearing Office r to hold a prehearing conference to <br />develop a schedule for presentations a t the rulemaking hearing, and to assist the Board at the <br />rulemaking hearing. <br />Financial Policy 19 <br /> <br />Because proposed Financial Policy 19 is a policy rather than a rule, staff will put Policy 19 on <br />the January CWCB meeting agenda as an action item for Board adoption after the rulemaking <br />hearing. Staff will include information on the procedure for Policy 19 in the notice sent out to <br />the ISF Subscription Mailing List on the Rules. <br /> <br />S taff Recommendation <br /> <br />Staff recommends that the Board: (1) authorize Staff to initiate the formal rulemaking process by <br />filing the attached Notice of Rulemaki ng and proposed revised Rules with the Secretary of State <br />for publication in the Colorado Register; and (2) appoint a Hearing Officer for the rulemaking <br />proceeding. <br />3 <br /> <br />