AG Opinion

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

materials must be provided to the Board. and an electronic version also provided, when possible-
Except for such rebuttal and testimony provided at the hearing pursuant to Rule 5p.(2), the Board
will not accept any statements, related documentation or exhibits submitted by any Party after the
deadline set forth in Rules 5n.(2) and 5n.(3), except for good cause shown or as agreed upon by
the Parties. The scope of rebuttal is limited to issues and evidence presented in the prehearing
statements. Any documentation to be submitted pursuant to this subsection (5) shall be delivered
to the Board and mailed to all Parties and Contested Hearing Participants by August 15th, or the
first business day thereafter. unless the Parties agree otherwise.
50. Notice of Hearings on Contested ISF Appropriations.
(1 Staff shall mail notice of prehearing conference(s) on contested ISF appropriations to all Persons
on the Contested Hearing Mailing List for the particular ISF appropriation. The notice shall specify
the *ime and place of the prehearing conference and any procedural requirements that the Board
deems appropriate.
(2) The Board may postpone a hearing to another date by issuing written notice of the postponement
no later than 7 calendar days prior to the original hearing date-
5p. Conduct of Hearings.
(i ~ In conducting any hearing- the Board shall have authority to: administer oaths and affirmations:
regulate the course of the hearing: set the time and place for continued hearing: limit the number
of technical :A~itnesses: issue appropriate orders controlling the subsequent course of the
proceedings: and take any other action authorized by these Rules.
(2! At the hearing, the Board shall hear arguments. concerns or rebuttals from Parties. Contested
Hearing Participants and interested members of the public. The Beard may limit testimony at the
hearing. Without good cause. the Board ~,n,~ill not permit Parties or Contested Hearing Participants
t~ i^troduce written material at the hearing not previously submitted pursuant to these Rules. The
Board. in making its determinations. need not consider any written material not timely presented.
(3'i Oniy the Board may question witnesses at the hearing except where the Board determines that,
for good cause shown. allowing the parties to questior:: witnesses may materially aid the Board in
reaching its decision. or vrhere such questioning by the Parties relates to the statutory findings
required by §37-92-102(3)(c). C.R_S. The Board may terminate questioning where the Board
determines that such questioning is irrelevant or redundant or may terminate such questioning for
other good cause_
(4) The hearing shall be recorded by a reporter or by an electronic recording device. Any Party
requesting a transcription of the hearing shall be responsible for the cost of the transcription.
Sq. Final Board Action.
The Board may take final action at the hearing or at a later date.
5r. Statement of Opposition.
In the event that any Person files a Statement of Opposition to an ISF water right application in Water
Court. the Staff may agree to terms and conditions that would prevent injury. Where the resolution of the
Statement of Opposition does not involve a change regarding the Board's determinations under Rule 5i.
(including but not limited to the amount, reach, and season}; the Board is not required to review and ratify
the resolution. Staff may authorize its counsel to sign any court documents necessary to finalize this type
of pretrial resolution without Board ratification.