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Recreational In-Channel Diversion Rules
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Recreational In-Channel Diversion Rules
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Last modified
7/22/2010 4:02:58 PM
Creation date
7/22/2010 12:19:50 PM
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Water Supply Protection
Description
Durango RICD
State
CO
Basin
San Juan/Dolores
Water Division
7
Date
1/1/3000
Title
Recreational In-Channel Diversion Rules
Water Supply Pro - Doc Type
Report/Study
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12. Request aHearing <br />The applicant, any party, many board member may request that the board hold upublic hearing <br />regarding nRICD. Such requests must be submitted in writing N and received at the board <br />office within forty-five days after the application receipt dutc. <br />13. Hearing Procedures <br />]fa hearing ia requested pursuant to Rule 12, the director shall appoint u hearing coordinator to <br />set the date of the hcorbng(n) and establish the procedures hy which evidence will beoffered. <br />o. The hearing coordinator nboU, in 000uo|Ta1iou with the applicant, determine the date and <br />location of all hearings. <br />h. The board shall notify the applicant and all parties o[ the beoriog(x) at least 21 days prior <br />to the hearing du1o(o). <br />c. Any party may present testimony or offer other evidence regarding whether the Q[C[} <br />should be o7uuted, ()r4nted with conditions ordenied. <br />d. The hearing coordinator ahuJ| uc1 timelines and dcud|ioce for all vvrhtuo submissions. <br />Preheating statements will be required, and xhuU include, but not he limited to the <br />fhl|nvviug: 1) o list ofall disputed factual and legal issues, 2\ the position of tile party <br />regarding the factual and legal issues; 3) n list identifying all of the vvhoeaaes that will <br />testify for the party, and u summary of the 1ootiououy that those vvi&nnuseu will provide; <br />and, 4) copies of all exhibits that the party will introduce at the hearing(s). <br />e. Board hearings may be recorded by urcporior or by an electronic recording device. Any <br />party requesting utronmnripbon of the hearing(s) obo|| be responsible thrthc ooa1 of the <br />transcription. <br />f. The hearing coordinator obuU determine the order of testimony for the heuziug(o), and <br />ubaD decide other procedural zuokero xc|otcd to the hearing(s). The bsu,h/g coordinator <br />does not have authority to rule on substantive issues, which authority rests solely with the <br />hoard. <br />g. The board may tube final action at the hearing(s) or 0001iunc the hearing and/or <br />deliberations to udutc certain. <br />b. The board may permit gouens< comments from any person who is not u party; hovvever, <br />the board may limit these public comments to five cniuotco per person. <br />i. The board will not apply the Colorado Rules of Evidence oi hearings onNICl]u. <br />14. If tile applicant proposes, by pleading, tomniend the application that was Submitted to the <br />board then the applicant m any portxv may move tile water court to remand the revised RICD <br />application to the board for consideration of the amendments. 1f the water court remands the <br />revised RICD application to the board, the following procedures shall apply: <br />u Within l5 days oF the water court's order for remand, the applicant oz any party may <br />make a written request for the board tu hold opublic hearing regarding the revised RlCl} <br />zD <br />Moving counsel should confer with counsel for other parties prior tn filing such u <br />d. The board has discretion whether to hold u hearing as requested by the applicant <br />7 <br />
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