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Town of Carbondale Gateway Boating Park Hydrology Study June 2006
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Town of Carbondale Gateway Boating Park Hydrology Study June 2006
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Last modified
7/16/2012 10:41:20 AM
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7/13/2012 2:07:08 PM
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Water Supply Protection
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Town of Carbondale Gateway Boating Park Hydrology Study June 2006 Recreational In-Channel Diversion
State
CO
Title
Town of Carbondale Gateway Boating Park Hydrology Study June 2006
Water Supply Pro - Doc Type
Report/Study
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12. Request for a Hearing <br />The applicant, any party, or any board member may request that the board hold a public hearing <br />regarding a RICD. Such requests must be submitted in writing to and received at the board <br />office within forty -five days after the application receipt date. <br />I3. Hearing Procedures <br />If a hearing is requested pursuant to Rule 12, the director shall appoint a hearing coordinator to <br />set the date of the hearing(s) and establish the procedures by which evidence will be offered. <br />a. The hearing coordinator shall, in consultation with the applicant, determine the date and <br />location of all hearings. <br />b. The board shall notify the applicant and all parties of the hearing(s) at least 21 days prior <br />to the hearing date(s). <br />c. Any party may present testimony or offer other evidence regarding whether the R.ICD <br />should be granted, granted with conditions or denied. <br />d. The hearing coordinator shall set timelines and deadlines for all written submissions. <br />Prehearing statements will be required, and shall include, but not be limited to, the <br />following: 1) a list of all disputed factual and legal issues; 2) the position of the party <br />re=garding the factual and legal issues; 3) a list identifying all of the witnesses that will <br />testify for the party, and a summary of the testimony that those witnesses 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 a reporter or by an electronic recording device. Any <br />party requesting a transcription of the hearing(s) shall be responsible for the cost of the <br />transcription. <br />f. The hearing coordinator shall determine the order of testimony for the hearing(s), and <br />shall decide other procedural matters related to the hearing(s). The hearing coordinator <br />does not have authority to rule on substantive issues, which authority rests solely with the <br />board. <br />g. The board may take final action at the hearing(s) or continue the hearing and/or <br />deliberations to a date certain. <br />h. The board may permit general comments from any person who is not a party; however, <br />the board may limit these public comments to five minutes per person. <br />i. The board will not apply the Colorado Rules of Evidence at hearings on RICDs. <br />14. If the applicant proposes, by pleading, to amend the application that was submitted to the <br />board then the applicant or any party may move the water court to remand the revised RICD <br />application to the board for consideration of the amendments. If the water court remands the <br />revised RICD application to the board, the following procedures shall apply: <br />Within 15 days of the water court's order for remand, the applicant or any party may <br />make a written request for the board to hold a public hearing regarding the revised RICD <br />application. <br />Moving counsel should confer with counsel for other parties prior to filing such a <br />request. <br />ii. The board has discretion whether to hold a hearing as requested by the applicant <br />7 <br />
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