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Instream Flow Rule 5d. <br />Rule 5d. provides that the Board may declare its intent to appropriate ISF water rights after <br />reviewing Staff's recommendations for the proposed appropriations. Rule 5d. also sets forth the <br />activities that take place after the Board declares its intent that initiate the public notice and <br />comment procedure for the ISF appropriations. Specifically, <br />5d. Board's Intent to Appropriate. Notice of the Board's potential action to declare its intent to <br />appropriate shall be given in the January Board meeting agenda and the Board will take public <br />comment regarding its intent to appropriate at the January meeting. <br />(1) After reviewing Staff's ISF recommendations for proposed ISF appropriations, the Board <br />may declare its intent to appropriate specific ISF water rights. At that time, the Board <br />shall direct the Staff to publicly notice the Board's declaration of its intent to appropriate. <br />(2) After the Board declares its intent to appropriate, notice shall be published in a mailing to <br />the ISF Subscription Mailing Lists for the relevant water divisions and shall include: <br />(a) A description of the appropriation (e.g. stream reach, lake location, amounts, <br />etc.); <br />(b) Availability (time and place) for review of Summary Reports and <br />Investigations Files for each recommendation; and, <br />(c) Summary identification of any data, exhibits, testimony or other information <br />in addition to the Summary Reports and Investigations Files supporting the <br />appropriation. <br />(3) Published notice shall also contain the following information: <br />(a) The Board may change flow amounts of contested ISF appropriations based on <br />information received during the public notice and comment period. <br />(b) Staff will maintain, pursuant to Rule 5e.(3), an ISF Subscription Mailing List for each <br />water division composed of the names of all persons who have sent notice to the <br />Board Office that they wish to be included on such list for a particular water division. <br />Any person desiring to be on the ISF Subscription Mailing List(s) must send notice to <br />the Board Office. <br />(c) Any meetings held between Staff and members of the public will be open to the <br />public. Staff may provide Proper Notice prior to any such meetings and may provide <br />notice to persons on the ISF Subscription Mailing List(s). <br />(d) Any Notice to Contest must be received at the Board office no later than March 31st <br />or the first business day thereafter. All Notices of Party status and Contested Hearing <br />Participant status must be received at the Board office no later than April 30m, or the <br />first business day thereafter. <br />(e) Staff will announce its Final Staff ISF Recommendation concerning contested <br />appropriations at the September Board meeting and will send notice of the Final Staff <br />Recommendation to all persons on the Contested Hearing Mailing List. <br />(f) The Board may take final action on any uncontested ISF appropriations at the May <br />Board meeting. <br />(4) After the Board declares its intent to appropriate, notice of the Board's action shall be <br />mailed within five working days to the County Commissioners of the county(ies) in which the <br />proposed reach or lake is located. <br />