AG Opinion

• Year: 2009
• Instream Flow Rules - Doc Type: Post Rulemaking Documents

Any Person Urho desires to participate in the contested ISF process; but not as a Party, may obtain
Contested Hearing Participant status pursuant to Rule 5m. A Person with such status will receive all Party
documents. Contested Hearing Participants may comment on their own behalf, but may not submit for the
record technical evidence. technical witnesses or legal memoranda.
4f. CWCB Hearing Officer.
The Hearing Officer is appointed by the Board and is responsible for managing and coordinating
proceedings related to contested ISF appropriations. acquisitions or modifications, such as setting
prehearing conferences and adjusting deadlines and schedules to further the Parties' settlement efforts or
for other good cause shown. The Hearing Officer does not have the authority to rule on substantive
issues.
4g. Final Action.
For purposes of Rule 5, final action means a Board decision to (1) file a water right application, (2) not file
a grater riaht application or t3) table action on an ISF appropriation; however. tabling an action shall not
be construed as abandonment of its intent to appropriate.
4h. Final Staff ISF Recommendation.
Staffs ISF recommendation to the Board is based on Staffs data and report. and public comments and
data contained in the official record.
4i. ISF.
~~leans any ~ate~. or vrater rights appropriated by he Board for preservation of the natural environment to
a reasonable degree. or any water. grater rights or interests in vvater acquired by the Board for
preservation or improvement of the natura! environment to a reasonable degree- ~~ISF~~ includes both
instream flo~:vs bet:~een specific points on a stream and natural surface water levels or volumes for
natural lakes.
4j. ISF Subscription Mailing List(s).
The ISF Subscription Mailing Lists} are specific to each water division. The ISF Subscription Mailing
List(s) shall consist of all Persons who have subscribed to the list(s) by sending notice(s) to the Board
Office that they v~rish to be included on such list for a particular water division. The Staff shall; at such
times as it deems appropriate. mail to all Persons on the water court resume mailing list in each water
division an invitation to be included on the ISF Subscription Mailing List for that water division. Persons on
the list are responsible for keeping Staff apprised of address changes. Persons on the ISF Subscription
Mailing Lists} shall receive agendas and other notices describing activities related to ISF
recommendations. appropriations and acquisitions in the particular water division. Persons may be
required to pay a fee in order to be on the ISF Subscription Mailing List(s).
4k. Mail.
For the purposes of the ISF Rules, mail refers to regular or special delivery by the U_S. Postal Service or
other such services. electronic delivery (e-mail). or delivery by FAX transmission.
41. Party.
Any Person may obtain Party status pursuant to Rule 51. Only a Person who has obtained Party status
may submit. for the record. technical evidence. technical witnesses or legal memoranda- Each Party is
responsible for mailing copies of all documents to all other Parties and Contested Hearing Participants.