Laserfiche WebLink
h. Findings of Fact and Recommendation. Means the written findings of the Board <br />regarding the factors set out in section 37- 92- 102(6), C.R.S. (2001) and the RICD <br />Rules and the written recommendation of the Board to the water court as to whether an <br />application for a RICD should be granted, granted with conditions, granted with a <br />retained jurisdiction or re- opener provision, or denied. <br />}► The Staff recommends deleting the following language: "granted with a retained <br />jurisdiction or re- opener provision " because implicitly the Board can impose these types <br />of terms as conditions without stating it explicitly in the Rules. <br />b Wording changes suggested for clarity ( "regarding the factors" to based upon a <br />consideration of the factors and the RICD rules to these RICD rules). Remove "granted <br />with a retained jurisdiction or re- opener provision "because SB does not reference such <br />recommendation and would fall under category of conditions attached to grant." <br />(NCWCD, CSU) <br />b Attempts to transform CWCB's findings into findings of fact. SB 216 does not refer <br />findings of fact as opinion or interpretation of policy matter is not a finding of fact. <br />Improper to attempt to impose retained jurisdiction on new appropriations (only applies <br />to plans of augmentation and changes of water rights). (CRWCD) <br />i. Hearing Coordinator. Means the person appointed by the Director to be responsible for <br />establishing the procedural rules, to the extent not otherwise set forth herein, which <br />will govern the conduct of any public hearing on a RICD. <br />t► The Staff recommends keeping this definition as it is. The Staff states that there is a need <br />for a hearing coordinator to facilitate the procedural issues. The proposed change to the <br />Purpose of the Rules (Rule 2), in connection with this definition, assures that the Hearing <br />Coordinator is not authorized to make substantive decisions. <br />As defined, authorizes hearing coordinator to establish substantive requirements without <br />guidance or oversight. Comment specifically states that authorizes hearing coordinator to <br />establish additional procedural rules on ad hoc basis without rule making, which <br />compounded with inclusion as procedure the creation of substantive polices and review <br />criteria, violates `need,' `statutory authority I & II" and `clarity' tests as well as basic <br />requirements of notice, fair hearing and public rule- making. (Gunnison County) <br />j. Instream Flow (hereinafter referred to as "ISF'). Means any water, water rights or <br />interests in water appropriated or acquired by the Board, pursuant to section 37 -92- <br />102(3), C.R.S. (2001) for preservation of the natural environment to a reasonable <br />degree. Pursuant to section 37- 92- 102(3), C.R.S. (2001) no other person or entity may <br />appropriate such rights, for any purpose whatsoever, in the State. <br />t► The Staff recommends accepting the proposed changes to clarify the rules. <br />b Grammatical changes —add comma and `the' after `C.R.S. (2001), for'. Remove `in the <br />State' from end as unnecessary and confusing. (NCWCD, CSU) <br />b Remove last sentence of definition as it is unnecessary to definition. (NWCCOG -QQ) <br />3 <br />