Administrative Record 1-11

• Year: 2009
• Instream Flow Rules - Doc Type: Rulemaking Hearings

b. The Board shall appoint a Hearing Officer to establish the procedures by
~~-hich e~-idence ~;-ill be offered.
c. At least thirty days prior to the hearing date(s). the Board shall pro~-ide «-ritten
notice of the hearing(s) to the person proposing the acquisition. all interested
parties kno«~n to the Board, and all persons on the ISF Subscription Mailing
List for the rele~-ant «~ater di~~ision. The Board also shall pro~-ide Proper
Notice.
d. Any person «:-ho desires party status shall become a Party upon submission of
a ~;~ritten 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 recei~-e Notice
of Party Status ~;-ithin se~-en days after notice of the hearing is issued.
e. The Hearing Officer shall set timelines and deadlines for all «:~ritten
submissions. Prehearing statements «-i11 be required, and shall include, but
not be limited to, the follo"-ing: 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 ~~-itnesses that «~ill testify for the Party, and a
summary of the testimony that those «~itnesses «•ill pro~-ide; and 4) copies of
all exhibits that the Party «:-ill introduce at the hearing(s).
f. Any Party may present testimony or offer other e~-idence 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 ha~-e authority to rule on substanti~-e issues. «-hich
authority rests solely ~;-ith the Board.
h. The Board ~-i11 not apply the Colorado Rules of E~~idence at hearings on
proposed acquisitions.
i. The Board may permit general comments from any person «~ho is not a Party;
ho"-ever; the Board may limit these public comments to fire 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
de-ice. Any Party requesting a transcription of the hearing(s) shall be
responsible for the cost of the transcription.
1. ~'~%hen necessar~.~, the Board may modify this schedule or any part thereof as it
deems appropriate.
6j. Board Action to Acquire `Water, V~~ater Rights or Interests in ~?~'ater. 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 «ith limitations. or
reject the proposed acquisition.
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