Re: Recreational In-Channel Diversion Rules

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Review of Administrative Record The Administrative a ive Record, including public written comments, all staff written comments and all other written materials to be considered by the CWCB in this rulemaking will be available for inspection at the CWCB office during normal business hours (8:00 a.m. -5:00 p.m.) October 18, 2001 through November 8, 2001. Copies are available upon request from the CWCB for a fee of 25 cents per page. - HEARING PROCEDURE The CWCB will not apply the rules of evidence or civil procedure at the rulemaking hearing. No member of the public or CWCB Staff shall have the right to cross - examine any person speaking at the hearing. CWCB members may ask questions of any person appearing before them. At the end of all public comment, the CWCB may allow members of the public to ask questions of staff or the CWCB. The chair of the CWCB may stop any Scheduled Oral Presentation or General Public Comment if the person speaking has exceeded his/her allotted time. No exhibits, maps, demonstrative exhibits or physical evidence may be presented in the oral summary unless such material was attached to the participant's written comment. Once written comments are submitted to the CWCB for consideration, the material becomes part of the administrative record and the property of the CWCB and will not be returned to the person offering the material. Subject to Section 24 -4 -103, C.R.S., the Board may modify he proposed Rules fy prior to p p P promulgating final Rules. All programs, services and activities of the Department of Natural Resources and the Colorado Water Conservation Board are operated in compliance with the Federal American with Disabilities Act. If you need a special accommodation as a result of a disability, please call Noreen Chambers at (303) 866 -3441, Ext. 303. To assure that we can meet your needs, please notify us of your request at least 7 days in advance. DESCRIPTION OF THE SUBJECTS AND ISSUES INVOLVED On June 5, 2001, Governor Owens signed into law Senate Bill 01 -216, addressing in- channel recreational diversions. This legislation directs the CWCB to review applications for recreational in- channel diversions and to submit its recommendations to the Water Court. The proposed rules set forth procedures by which the CWCB will implement its responsibilities under Senate Bill 01 -216. CWCB responsibilities include gathering information necessary to fully review applications for recreational in- channel diversions and using that information to make findings of fact and final recommendations to the Water Court as to whether the application should be granted, granted with conditions, or denied. • Page 3 of 4