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Administrative Record 12-22
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Administrative Record 12-22
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Last modified
12/10/2009 12:59:13 PM
Creation date
2/11/2009 5:30:29 PM
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Instream Flow Rules
Year
2009
Instream Flow Rules - Doc Type
Rulemaking Hearings
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ISF Rule 6 - ~'~-ater Acquisitions September 8, 2008 Draft <br />(Changes to Ju1~- 2008 Draft shop;°n in bold) <br />- sh 11 follow the ublic <br />~:~In. Public Input on Proposed Acquistoions. The Board a p <br />revie"- process in Rules 11 a. - 11 c. when acquiring water, «-ater rights or <br />interests in ~~-ater; except as provided in Rule 6k~. above and except as <br />provided belo«-. <br />(1) Prior to Board consideration of any proposed acquisition; Staff shall <br />mail notice of the proposed acquisition to all persons on the ISF <br />Subscription Mailing List 311ci the State Engineer's Substitute <br />5upp1~- Plan tiotitication List for the relevant rater di~~ision, and <br />shall provide Proper ~ otice. Such notice shall include: <br />(a) the case number adjudicating the «-ater right proposed to be <br />acquired. and the appropriation date, adjudication date; priority. <br />decreed uses t_ and flo"- amount of the rater right proposed to be <br />acquired= and hog,- mtiLh ~~ thz «ater ri~Tht i1?c Bo<<rd «-ill ~:ol~>ider <br />~=~e~uir3n~~; <br />(b) the location of the stream reach or lake that is the subject of the <br />proposal, including, «-hen available, the specific length of stream <br />reach to benefit from the proposed acquisition; <br />(c) any available information on the purpose of the acquisition. <br />including the degree of preser~~ation or improvement of the <br />natural environment to be achieved; i <br />(d) any available scientific data specifically supporting the position <br />that the acquisition «.-i11 achieve the goal of presern-ing or <br />improving the natural environment to a reasonable degree::: ~?11d <br />(~ 1 <br />i:. i iI~ a~~~ Itic n to i a)-{ ~-i i i~bo~ e. t.r ~<<~~c5 end ~~~ans of ~~-atcr, ~~-ater <br />I1~~ht4 of 1iltcrest~ iI1 ~~-atc,r llT'it~~i ~e%tIC~T? ~ ~-{)~-i~)~4 . 5ue11 <br />I1Qticl; shall include the propose telln of the lca~e or load and tl~e <br />In-ox?~~seil ti.ason of i~se ~~f the ~~ titer under the lease or lo~~Il. <br />(2) At every regularly scheduled Board meeting subsequent to the <br />mailing of notice, and prior to final Board action. Staff ~~~ill report on <br />the status of the proposed acquisition and time ~;-ill be reser~~e~i for <br />public comment. <br />(3) Any person may address the Board regarding the proposed <br />acquisition prior to final Board action. Staff shall provide any «-ritten <br />comments it receives regarding the proposed acquisition directly to <br />the Board. <br />(4) Any person may request the Board to hold a hearing on a proposed <br />acquisition. Such a request must be submitted to the Board in «:-riting <br />«~ithin t<;-enty days of the first Board meeting at ~-hich the Board <br />considers the proposed acquisition, and must include a brief <br />statement, v~-ith as much specificity as possible, of «:-hy a hearing is <br />being requested. <br />(~) At its next regularly scheduled meeting after receipt of the request [~~t_ <br />~~ hea: inks, or at a special meeting. the Board will consider the request <br />6 <br />
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