Administrative Record 23-30

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

the modification. The first public meeting of the Board at which the modification is to be considered shall S
occur at least sixty days after the month in which the resume is published. Notice shall also be published
in a newspaper of statewide distribution within thirty to forty-five days prior to such first public meeting.
(2) Public Meeting.
If the Board decides at such first public meeting to give further consideration to the proposed modification,
the Board shall announce publicly the date of a subsequent public meeting for such purpose. If the Board
decides that it will not give further consideration to the proposed modification, it shall state, in writing, the
basis for its decision.
(3) Request for Delay.
On the written request of any P~aerson made within thirty days after the date of the first public meeting,
the Board shall delay the subsequent public meeting for up to one year to allow such Person the
opportunity for the collection of scientific data material to the proposed modification. The Board need not
grant the request if it determines that the request is made solely to delay the proceedings.
(4) Procedures.
On the written request of any Person made within thirty days after the date of the first public meeting,
the Board shall, within sixty days after such request, establish fair and formal procedures for the
subsequent public meeting, including the opportunity for reasonable disclosure, discovery, subpoenas,
direct examination, and cross examination. Subject to these rights and requirements, where a meeting
will be expedited and the interests of the participants will not be substantially prejudiced thereby, the
Board may choose to receive all or part of the evidence in written form.
(5) Final Determination.
The Board shall issue a final written determination regarding the modification that shall state its effective
date, be mailed promptly to the Pp~ersons who appeared by written or oral comment at the Board's
proceeding, and be filed promptly with the water court.
10. ENFORCEMENT AGREEMENTS.
The Board may attach conditions to an appropriation, decreased appropriation, or acquisition, and may
enter into any enforcement agreements that it determines will preserve or improve the natural
environment to a reasonable degree. The Board may enter into enforcement agreements that limit the
Board's discretion in the protection, approval of inundation, modification or disposal of ISF right, and/or
may delegate limited authority to act on the Board's behalf.
10a. Ratification of Enforcement Agreements.
No enforcement agreement shall be effective to limit the discretion of the Board until that agreement and
all of its terms are reviewed and ratified by the Board. Upon ratification, the Director may execute the
agreement and the agreement shall be binding upon the Board for the term set forth in the enforcement
agreement.
10b. Public Review Process.
The Board shall follow the public review process set forth in Rules 11 a. -11 c. prior to any Board decision
to ratify an Enforcement Agreement.
11. PUBLIC REVIEW PROCESS.
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