AG Opinion

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

related documentation or exhibits submitted by any Party after the prehearing
conference; except for good cause shown or as agreed upon by the Parties.
September
• Staff. will make its final recommendations to the Board, based upon its original report, all
public comments, documents submitted by the Parties and all data contained in the
official record, at the September Board meeting.
• Notice of the Final Staff ISF Recommendations will be sent to all Persons on the
Contested Hearing Mailing List prior to the September Board meeting.
• Parties may choose to continue or withdraw their Notice to Contest an ISF appropriation
at or before the September Board Meeting.
• The Board will held hearings on all contested ISF appropriations.
November
The Board -shall update the public on the results of any hearings through its agenda and
may take final action on contested ISF appropriations.
When necessary. the Beard may modify or delay this schedule or any part thereof as it deems
app~opriat~.
5d. Board's Intent to Appropriate.
Notice cf the Board's potential action to declare its intent to appropriate shall be given in the Januar}~
Board meeting agenda and the Board will take public comment regarding its intent to appropriate at the
January meet~nc.
(11 After revie~~•~ing Staffs recommendations for proposed ISF appropriations. the Board may declare
its intent to appropriate specific ISF water rights. At that time. the Board shall direct the Staff to
publicly notice the Board's declaration of its intent to appropriate.
(2) After the Board declares its intent to appropriate, notice shall be published in a mailing to the ISF
Subscription Mailing Lists for the relevant water divisions and shall include:
(aj A description of the appropriation (e.g. stream reach, lake location, amounts, etc.):
(b) Availability (time and place) for review of Summary Reports and Investigations Files for
each appropriation; and:
(cj Summary identification of any data, exhibits, testimony or other information in addition to
the Summary Reports and Investigations Files supporting the appropriation.
(3) Published notice shall also contain the following information:
(aj The Board may change flow amounts of contested ISF appropriations based on
information received during the public notice and comment period.
(b=) Staff will maintain, pursuant to Rule 5e.(3), an ISF Subscription Mailing List for each
water division composed of the names of all Persons who have sent notice to the Board
Office that they wish to be included on such list for a particular water division. Any Person