AG Opinion

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

An ISF right may be modified if such modification arras agreed upon by the Board as part of the Recovery
Implementation Program for the Endangered Fishes of the Colorado River Basin or any other agreement
between the Board and another governmental entity. Modifications made as a part of the Recovery
Implementation Program for the Endangered Fishes of the Colorado River Basin need not be subject to
the public review process in Rule 9e. Criteria for modifications made in the ISF rights decreed as part of
the Recovery Implementation Program for the Endangered Fishes of the Colorado River Basin will be
established in the decrees governing such appropriations.
9e. Public Review Process of Requests for Modification.
The Board shall adhere to the following public review process when considering requests for modification:
(1) Notice.
Notice of the proposed modification and the date of the public meeting at which it will first be considered
shad be printed in the resume in the Water Court having jurisdiction over the decree that is the subject of
the modification. The first public meeting of the Board at which the modification is to be considered shall
occur at yeast sixty days after the month in vrhich the resume is published- Notice shall also be published
in a ne~rrspaper of state~~vide distribution ~,vithin thirt~,r 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 steal: announc. publicly the date of a subsequent public meeting for such purpose- If the Board
decides that it :kill not give further consideration to the ~rcposed modification. it shall state. in writing. the
basis f•~.r its decision.
(3) Request for Delay.
Or: the Britten request of any Person 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 ~,r~~ritten 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 Persons 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