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BOARD00920
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Last modified
8/16/2009 2:55:19 PM
Creation date
10/4/2006 6:45:49 AM
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Board Meetings
Board Meeting Date
5/23/2005
Description
WSP Section - Request to Initiate Rulemaking regarding RICDs
Board Meetings - Doc Type
Memo
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<br />k. Documentation of the effects that the RICD and the associated structures will have on <br />flooding, flood control and the one-hundred year flood elevations; and, <br />1. Information about existing or proposed gages on the affected stream that may be utilized <br />to administer the water right being sought. <br /> <br />9. Notice <br />Within seven days of the Application Receipt Date, the Staff shall post notice of receipt of the <br />Application on the CWCB website. The notice shall include the name of the Applicant, the flow <br />amounts claimed, the water division, the name of the stream, the location of the structures <br />including the county, and information about how to obtain party status. In addition, the Staff <br />shall notify the county commissioners of the county in which the RICD is (or will be) located. <br />Moreover, the Staff shall include a notice of all pending RICD Applications (if any) in all items <br />that go out to the Board agenda notification list. <br /> <br />10. Party Status <br />Any person who desires party status, and who is not the Applicant or who has not filed a <br />statement of opposition to the RICD, shall become a Party upon submittal of a written <br />application for party status to the Staff. The application for party status shall include the name of <br />the entity, the mailing address of the entity, and a brief statement of the reasons why the entity is <br />seeking party status. The application for party status must be received at the Board Office within <br />thirty days after the Application Receipt Date. <br /> <br />. <br /> <br />11. Staff Report <br />The Staff shall provide a written report and recommendation to the Board based on the <br />information provided by the Applicant and any other applicable information. <br /> <br />q. Request for a Hearing <br />'" -The Applicant, any Party, or any Board member may request that the Board hold. a publ.~ ____ '. <br />hearing regarding a RICD. Such requests must be, submitted in writing to and received at the " <br />Board office within forty-five days after the Application Receipt Date. <br /> <br />. <br /> <br />13. 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 <br />prior to the hearing date(s). ' <br />c. Any Party may present testimony or offer other evidence regarding whether the RICD <br />should be granted, granted with conditions or denied. <br />d. The Hearing Coordinator shall set timelines and deadlines for all written submissions. <br />Prehearingstatements 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 />regarding 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 /> <br />7 <br />
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