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3. At the request of all of the parties, the Staff recommends moving elements of the second sentence of <br /> Rule 6 (control and minimum amount) and insert into paragraph 6 (maximum utilization) to become <br /> subparagraphs 6.e.ix and 6.e.x. • <br /> 4. The Staff recommends deleting the word"factors" from the last lines of Rule 6.a- 6.e to avoid confusing <br /> these considerations with the factors set forth in the statute. Thus, the last lines will read: "The Board, in <br /> making this finding, may consider,but is not limited to, the following factors:" <br /> 5. At the request of all of the parties, the Staff recommends striking the second sentence in Rule 7 as <br /> follows. <br /> may factor the Applicant's econem is &ituatiea into its recommendation. <br /> 6. The Staff recommends rewriting the second sentence of Rule 12.d as follows: <br /> Written submissions shall include,but not be limited to the following: 1) prehearing and rebuttal <br /> statements;a list of all disputed faces legal issues; 2) the positien of the Party regarding the factual <br /> and legal issues; 3)2) a list identifying all of the witnesses that will testify for the Party, and a summary <br /> of the testimony that those witnesses will provide; 4-)and, 3) copies of all exhibits that the Party will <br /> introduce at the hearing(s); and, 5)prehearing and rebuttal statement&. <br /> 7. Because hearings regarding RICDs are not quasi-adjudicatory hearings subject to section 24-4-105 of t� <br /> APA and because the recommendations of the Board to the water court are not intended to adversely <br /> affect the protected rights of any individual, the Staff suggests the following addition to the Statement of <br /> Basis and Purpose: <br /> As stated in section 37-92-305(13), C.R.S., the water court shall apply the factors set forth in section 37- <br /> 92-102(6), C.R.S. and make its own determination regarding the issuance of a decree for a RICD. All <br /> findings of fact contained in the CWCB's recommendation shall be presumptive as to such facts, subject <br /> to rebuttal by any party. <br /> • <br /> Flood Protection•Water Project Planning and Financing•Stream and Lake Protection <br /> Water Supply Protection•Conservation Planning <br />