BOARD00708

• Board Meeting Date: 3/16/2004
• Description: ISF Section - Update on Rule 6g. Revision and Request for Authorization to Initiate Rulemaking
• Board Meetings - Doc Type: Memo

Proposed Revisions to Rule 6i.

In the course of StafPs work on the proposed Elkhead Reservoir Enlargement water right
acquisition, it became apparent that Rule 6i. should be revised to address potential problems with
timing and deadlines related to CWCB hearings on water rights acquisitions. Rule 6i.( 4) provides that
any person may request that the Board hold a hearing on a proposed acquisition and that such request
be submitted to the Board in writing within thirty days ofthe first Board meeting at which the Board
considers the proposed acquisition. Rule 6i.( 5) provides that the Board will consider and may, in its
discretion, grant or deny a request for a hearing at its next regularly scheduled meeting. Rule 6i.( 5)c.
requires the Board to provide written notice of the hearing to certain persons at least thirty days prior to
the hearing. These three rules effectively establish a three-meeting process for acquisitions when a
hearing is involved. While this process complies with the statutory requirement that the CWCB
determine what terms and conditions it will accept in a contract for an acquisition within 120 days
from its initial review ofthe request, in some situations, the process could be completed more quickly
and it might be advantageous to both the CWCB and the person proposing the acquisition to finalize an
acquisition within a two-meeting time frame. Rule 6i.(5)j. permits the Board to take final action on an
acquisition at the hearing. To allow for quicker processing of proposed acquisitions without
sacrificing the notice and comment procedure established by the CWCB at its March 2003 rulemaking,
Staff proposes the following revisions to the adopted Rule 6i. (proposed changes are highlighted):

6i. Public Input on Proposed Acquisitions. The Board shall follow the public
review process in Rules lla. - llc. when acquiring water, water rights or interests in
water, except as provided in Rule 6g. above and except as provided below.

.

(I) Prior to Board consideration of any proposed acquisition, Staff shall mail
notice of the proposed acquisition to all persons on the ISF Subscription Mailing List
for the relevant water division, and shall provide Proper Notice. Such notice shall
include:

(a) the case number adjudicating the water right proposed to be acquired,
and the appropriation date, adjudication date, priority, and flow amount of the
water right proposed to be acquired;
(b) the location of the stream reach or lake that is the subject of the
proposal, including, when available, the specific length of stream reach to
benefit from the proposed acquisition;
( c) any available information on the purpose of the acquisition, including
the degree of preservation or improvement of the natural environment to be
achieved; and
(d) any available scientific data specifically supporting the position that the
acquisition will achieve the goal of preserving or improving the natural
environment to a reasonable degree.

(2) At every regularly scheduled Board meeting subsequent to the mailing of
notice, and prior to final Board action, Staff will report on the status of the proposed
acquisition and time will be reserved for public comment.

(3) Any person may address the Board regarding the proposed acquisition
prior to final Board action. Staff shall provide any written comments it receives
regarding the proposed acquisition directly to the Board.

I