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Administrative Record 23-30
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Administrative Record 23-30
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Last modified
12/9/2009 1:49:41 PM
Creation date
2/11/2009 5:46:49 PM
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Instream Flow Rules
Year
2009
Instream Flow Rules - Doc Type
Rulemaking Hearings
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3 An Pserson ma address the Board regarding the proposed acquisition prior to final Board <br />() y _. y <br />action. Staff shall provide any written comments it receives regarding the proposed acquisition <br />directly to the Board. <br />(4) Any Person may request the Board to hold a hearing on a proposed acquisition. Such a request <br />must be submitted to the Board in writing within twenty days of the first Board meeting at which <br />the Board considers the proposed acquisition, and must include a brief statement, with as much <br />specificity as possible, of why a hearing is being requested. <br />(5) At its next regularly scheduled meeting after receipt of the request for a hearing, or at a special <br />meeting, the Board will consider the request and may, in its sole discretion, grant or deny such a <br />request. All hearings scheduled by the Board shall be governed by the following_ procedures: <br />(a) A hearing on a proposed acquisition must be held within the 120 day period allowed for <br />Board consideration of an acquisition pursuant to Rule 6b., unless the Person <br />requesting the Board to consider the proposed acquisition agrees to an extension of time. <br />(b) The Board shall appoint a Hearing Officer to establish the procedures by which evidence <br />will be offered. <br />(c) -At least thirty days prior to the hearing date(s), the Board shall provide written notice of <br />the hearing(s) to the Person proposing the acquisition, all interested parties known to <br />the Board, and all Persons on the ISF Subscription Mailing List and the State Enoineer~s <br />Substitute Sua~ly Plan Notification List for the relevant water division. The Board also <br />shall provide Proper Notice. as defined in ISF Rule Vin. <br />(d) Any Ffferson who desires party status shall become a Party upon submission of a written <br />Notice of Party Status to the Board Office. The Notice shall include the name and mailing <br />address of the Person and a brief statement of the reasons the Pperson desires parry <br />status. The Board Office must receive Notice of Party Status within seven days after <br />notice of the hearing is issued. <br />(e) The Hearing Officer shall set timelines and deadlines for all written submissions. <br />Prehearing statements will be required, and shall include, but not be limited to, the <br />following: 1) a list of all disputed factual and legal issues; 2) the position of the Party <br />regarding the factual and legal issues; 3) a list identifying all of the witnesses that will <br />testify for the Party, and a summary of the testimony that those witnesses will provide; <br />and 4) copies of all exhibits that the Party will introduce at the hearing(s). <br />(f) Any Party may present testimony or offer ^`~°~ °vidence icentified in its <br />prehearing staterr~ent regarding the proposed acquisition. <br />(g) The Hearing Officer shall determine the order of testimony for the hearing(s), and shall <br />decide other procedural matters related to the hearing(s). The Hearing Officer does not <br />have authority to rule on substantive issues, which authority rests solely with the Board. <br />(h) The Board will not apply the Colorado Rules of Evidence at hearings on proposed <br />acquisitions. <br />(i) The Board may permit general comments from any Pperson who is not a Party; however, <br />the Board may limit these public comments to five minutes per Pperson. <br />(j) The Board may take final action at the hearing(s) or continue the hearing and/or <br />deliberations to a date certain. <br />• <br />
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