Administrative Record 23-30

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

• Review of Adrninistrati~re Re-cord
The A.d~ninistrative Record, including public uTritten comments, all staff written comments and
all other written materials to be considered by the CWCB in this rulecnaking will be available for
inspection at the CWCB office during normal business hours {8:00 a.m. -~:~ p.m.) December
10, ?008 through January 2?, 200. Copies are available upon request from the CV~CB for a fee
of 25 cents per page-
HF ARIi~~ PR(3CRDl'_R
The CWCB will not apply the rules of evidence or c~vzl procedure. No member of the public or
CWCB Staff shall have the right to cross examine any person speaking at the hearing. CV4~CB
members nay ask questions of any person appearing before them: At the end of ail public
comment, the CWCB nay allow members of the public to submit questions to the CWCB to ask
ire its discretion,
The chair of the CWOB nay stop any Scheduled Aral Presentation or General Public Comment
if the person speaking has exce~l.~ hisl'~er allotted time. No exhibits, maps, demonstrative
exhibits flr physical evidence nay be presented in the oral summary unless such material was
attached to the participant's written co;nment. Once the written comment is submitted to the
C;CB. the material becomes part of the administrative Record and the property of the CWCB
and v~°ill not be returned to the person offering the material.
Sabject to section 2~-~-1~3, C.R.S., the Beard may modify the proposed revised Rules prior to
promulgating final revised Rules.
DESCl2~~'IQI~ ~~ SHE SUECT~ ~l~ ISS:~ IhIVOL~D
1. The C~~4'CB is considering revising Rule b {Acquisition of Water, Mater Rights or
Interests ill 'e'ater ft~r Instrn Flow .Purposes) to adopt criteria specified iri House Bill 0$-1280
for evaluating proposed leases or loans of water, and to incorporate House Bill OS-1280's
requirements of: {1) specific conditions that must be met as part of the CWCB's approval of a
proposed loan or lease of water; {2) provisions that must be included in all agreements for loans
or leases of water under s~rion 37-92-102{3~b}, C.R.S.; and {3) actions that the Board must
take irs connection with loans flr leases of water.
2. The C'~~'CB is considering re~zsing Rules 8e.~. {De Minimis Rule} to recognize priority
adn~.inistranon of the C~FCB's instream flow water rights and to clarify that the decision not to
file a statement of opposition under this Rule does n©t consritute { 1) acceptanc-e by the CWCB of
injury to any potentially affected inst~:m flow water right; or {2) a waiver of the CWCB's right
to place an administrative call fir any instream flow water right. New Rule 8e.{1) sets forth what
type of nonce the CWCB will provide to u~jater 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.
3. The CWCB is considering revising Rule 8i.{3) {Injury Accepted with Mitigation) to
provide notice to water users of: (1 } the information they must submit to the CWCB whey
requesting that the CWCB enter into a pretrial resolution under which it will accept injury with
mitigation; {2) the factors the CWCB will consider in evaluating an injury with m~tigahon
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