CWCB Concerning the Application for Water Rights of Upper Gunnsion River Water Conservancy District Transcript

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Felicity Hanna.y: Sure. VVell as Hearing Coordina.tor, I really pretty much put ft down in the Pre-Hearing Order. My feeling was that the mefihod of cross- exam;,,ar;on is not - it doesn't have to be oral cross-examination at the moment. And what I hope to do is to provide a method in which the means of cross-examination could be provided in a diff-erent form. I also think that, although the heazmg is in the nature of an adjudication, it is not in fact an adjudication, And I don't - I'm of the opinion, although I have not prepared a formal written opinian on tliis, that there is not a due process atta.ched - that due process does not require eross-exammation for tliis hearing because it is , simply a recommendation being made. The factual findings aze the only part that are presumptive by statute and, because a fact is a fact, the parties should have the abflity.to present that informa.tiqn in a fonm other t.han cross-exammation. However, again it's just a recommendation. Don Schwi4ndt: Joe? Man: I stronglY recommen4 that we follow the advice ?r-em our counsel in " doing that. I think a cro'ss-examination process wil], one, unduly dela.y proceedings or it has t.he potenfial to do that; two, ldnd of diverts the - this board is the fmder af fact for these proceedings, aibeit though we're making a reconomendation. And T tlnmk it sort of . takes the foous away .frum our abiliiy to pazse through that. An4 . ftd., I think Feliciry has aff.orded praced.ure that protects ar . addresses the cancern being raised by counsel in that questions can . ..... be posed at the end by havjng the-questions be brou& up to either - to the Ghair or to our -counseL Andin that way;-if there are.aW.,_ factual issues that any counsel fee}s are not fully trrought out d'rr+'?, the course of the proceedmgs, the questions can be asked at the end. So I just think that the experience that Felicity bas with the prior . hearings and the process and the meclianism that she set up wiil ena,ble us to get through it in -an orderly fashion but wi71 protect the parties' intere§ts. DOII SCIIWIIICit: [vninfeIlig%le] that we estabIish rules fnr this process, that that was an issue that there was signifi.cant discussion aboirt. Is it appropria.te to have a m6tion right now to set our course3 1VCan: I wouid second John's motion. [unintellig?.ble] Don Schwindt: Yours was a motion, as well as a recomimendation? Colorado Water Conservatiot Board September 10, 2002 I3earing Transcript Page 5