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<br />STATE OF COLORADO <br /> <br />Colorado Water Conservation Board <br /> <br />Department of Natural Resources <br />1313 Sherman Street, Room 721 <br />Denver, Colorado 80203 <br />Phone: (303) 866-3441 <br />FAX: (303) 866-4474 <br />www.cwcb.state.co.us <br /> <br /> <br />MEMORANDUM <br /> <br />Bill Owens <br />Governor <br /> <br />Russell George <br />Executive Director <br /> <br />Rod Kuharich <br />CWCB Director <br /> <br />TO: <br /> <br />Members, CWCB <br /> <br />Dan McAuliffe <br />Deputy Director <br /> <br />FROM: <br /> <br />Linda Bassi <br />Anne Janicki <br /> <br />DATE: March 1,2004 <br /> <br />SUBJECT: Agenda Item 14, March 16-17,2004 Board Meeting <br />Stream and Lake Protection Section <br />Update on Rule 6g. Revision and Request for Authorization to Initiate <br />Rulemaking <br /> <br />e <br /> <br />Rule 62. Update <br /> <br />The CWCB formally initiated the rulemaking process to revise Rule 6g. by publishing a notice <br />of rule making in the November 2003 Colorado Register. The notice provided that the ru1emaking <br />hearing would be held on March 23, 24, or 25, 2004 (to be determined at the January 2004 CWCB <br />meeting) in Colorado Springs, and that the final date and location of the hearing would be published <br />after the January 2004 CWCB meeting. <br /> <br />At its January 27-28, 2004 meeting, the Board changed the dates of the March meeting to <br />March 16-17,2004, and scheduled the rulemaking hearing to commence at 4:00 p.m. on March 16, <br />2004. Because the Secretary of State only accepts items for publication in the Colorado Register on <br />the third Friday of each month, the next opportunity to submit an amended notice of rulemaking was <br />February 20, which would result in publication on March 10. In response to our submission of the <br />amended notice to the Secretary of State on February 20, the Secretary of State's staff informed the <br />Attorney General's office that they would not publish the notice because it did not comply with the <br />Colorado Administrative Procedure Act. Section 24-4-103(3)(a), C.R.S. provides that public <br />rulemaking proceedings may not be held less than twenty days after the date of publication of notice of <br />the proceedings. Because the amended notice ofthe March 16 hearing would have been published on <br />March 10, the notice did not meet the twenty day requirement. Consequently, it was necessary to <br />postpone and reschedule the rulemaking hearing. <br /> <br />. <br /> <br />Flood Protection. Water Supply Planning and Finance. Stream and Lake Protection <br />Water Supply Protection. Conservation and Drought Planning <br />