AG Opinion

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

materials must to provided to the Board. and an electronic version also provided, when possible-
Except for such robuttal and testimony provided at the hearing pursuant to Rule 5p.(2). the Board
Trill :-not accept a=.y statements. r?lated documentation or exhibits submitted by any Party after the
deadline set `ortr ir- Rules 5n.!2_ and 5n_(3). except for Good cause shovrn or as agreed upon by
t=.e Parties. The soop2 of rebuttal is limited to issues ?rid evidence presented in the prehearing
staterrtertts. ,cry docurrtentation to be submitted pursuant to this subsection (5) shall be delivered
to the Board and maid to all Parties and Contested Hearing Participants by Huaust 15-'. or the
frst busi n~ss day t^creafter. unless the Parties agree other~rise.
50. Notice of Hearings on Contested ISF Appropriations.
(' = S_af* s,a=1 mail ^^_ice of prehearing conference(s~ on contested ISF appropriations to all
-_-~rsuns ..n the Contested I"lea~ing taailina List for the particular lSF appropriation. The notice
s`?a!I ~p~~lhr _re ,y,e 1''d Fla: ~° of the prehearing conference and any procedural requirements
that t::~ ;~~1-.. ~~~ms vrpr~~pnate.
(%_ Thy ...yard r:'~a p~str~n~ ., hearing to another date ^.~ IsSUIr1u rr€tter' r!ot:.~e of the postponemenT
r--o I ;_~- °r~-. - „I~r-dar dos prior to the criainal hearng date- -
5p. Conduct of Hearings.
("~ In ~o d'J-:Ira a: _- - ~~r=rig. the Board shall have author t~ to: administer oaths and affirmations:
regula`~ t~,. _~~ ~~ ~= `he h~ari^: se. the time and place for continued heaping: limit the cumber
if - --- - •`- _. _=.:`=r=~~ - ~- ~- ar: rn^r: +a r; a (~~~ * .~ rs, .:-..-. c;hcr? ~ ^n~ ~ ~e
_..~- .:~- _- .,~~_~. ~~ ;:p- °~ rd rS .._ L.^~ _i~~ .,~ GJe'~t -~ JfS~ of t..
r:-~..-~_~ ~. ar _1-_~ ar ~trer atlcr, a~Jthcnzed ~`° these ru'~s -
(=~ , .=~~ '=-Y-`ir-~ _~~ _oYrd ~-_al' hear rg€;merits, ccnc~ms u- r~b~lttals .-or~t Parties. Contested
Nc=r° -~ rvr_ =-p~ its and int~r~sted members of the public. The Board may limit testimony at the
h ^ari~~. -:`°_I-^~J' aoo ~ausu. the Board .-rill not permi Par*ies ur Cortt~sted Hearing Participants
to :itr~~!=-~~ .~=,~^ ^~aterial ,_ the hearing not previousl• s~ bmitted pursuant to these Rules- The
Buard.r ~~._-_- -its ~,...errr=nations. reed ~`ot conside- any .mitten material not timeh~ presented.
(~ ~ Cnl..he Buaru ^a_ questio,::~itnesses at the hearira except •rrhere the Board determines that-
fur a -~u cvJs~ ~`._:._,_ ai'o~srin _ he parties to question vritnesses may materially aid the Board in
r~aohir,g its o~~isio ~. er where such questioning by the Parties relates to the statutory findings
requird by ~3--~~-?zl"3_c. C_R.S. The Board rma,/ terminate questioning ~~rhere the Board
determr--es that such questioning is irrelevant or redundant or may terminate such questioning for
other good ca~s~.
(~ ~ The hearing s.ali be recorced 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.
5q. Final Board Action.
The Board may take fina'_ action at the hearing or at a later date.
5r. Statement of Opposition.
r.n the event that any ~~-erson 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.