RICD Rules

• Description: RICD Rules with suggested changes by Pueblo and Gunnison
• State: CO
• Basin: Statewide
• Title: RICD Rules with suggested changes by Pueblo and Gunnison
• Water Supply Pro - Doc Type: Operating Principles/Plan

10. Party Status
Any person who desires party status, and who is not the Applicant or who has not filed a
statement of opposition to the RICD, shall become a Party upon submittal of a written
application for party status to the Staff. The application for party status shall include the name of
the entity, the mailing address of the entity, and a brief statement of the reasons why the entity is
seeking party status. The application for party status must be received at the Board Office within
thirty days after the Application Receipt Date.
1 l . Staff Report
The Staff shall provide a written report and recommendation to the Board based on the
information provided by the Applicant and any other applicable information.
12. Request for a Hearing
The Applicant, any Party, or any Board member may request that the Board hold a public
hearing regarding a RICD. Such requests must be submitted in writing to and received at the
Board office within forty -five days after the Application Receipt Date.
13. Hearing Procedures
If a hearing is requested pursuant to Rule 12, the Director shall appoint a Hearing Coordinator to
set the date of the hearing(s) and establish the procedures by which evidence will be offered.
a. The Hearing Coordinator shall, in consultation with the Applicant, determine the date and
location of all hearings.
b. The Board shall notify the Applicant and all Parties of the hearing(s) at least 21 days
prior to the hearing date(s).
c. Any Party may present testimony or offer other evidence regarding whether the RICD
should be granted, granted with conditions or denied.
d. The Hearing Coordinator shall set timelines and deadlines for all written submissions.
Prehearing statements will be required, and shall include, but not be limited to, the
following: 1) a list of all disputed factual and legal issues; 2) the position of the Party
regarding the factual and legal issues; 3) a list identifying all of the witnesses that will
testify for the Party, and a summary of the testimony that those witnesses will provide;
and, 4) copies of all exhibits that the Party will introduce at the hearing(s).
e. Board hearings may be recorded by a reporter or by an electronic recording device. Any
Party requesting a transcription of the hearing(s) shall be responsible for the cost of the
transcription.
f. The Hearing Coordinator shall determine the order of testimony for the hearing(s), and
shall decide other procedural matters related to the hearing(s). The Hearing Coordinator
does not have authority to rule on substantive issues, which authority rests solely with the
Board.
g. The Board may take final action at the hearing(s) or continue the hearing and /or
deliberations to a date certain.
h. The Board may permit general comments from any person who is not a Party; however,
the Board may limit these public comments to five minutes per person.
i. The Board will not apply the Colorado Rules of Evidence at hearings on RICDs.
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