BOARD01022

• Board Meeting Date: 1/22/2003
• Description: Workshop - Proposed Changes to the Instream Flow Rules
• Board Meetings - Doc Type: Other

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give further consideration to the proposed decrease, it shall state, in writing, the
basis for its decision. .

(3) ,ir-On the written request of any per~on made within thirty days after the date of
the first public meeting, the Board sllall delay the subsequent public meeting for
up to one year to allow such person the opportunity for the collection of scientific
data material to the proposed decrease., -The Board need not grant the request if it
detennines that the request is made ~olely to delay the proceedings.

(4) lr.-On the written request of any per~on made within thirty days after the date of
the first public meeting, the Board s)1all, within sixty days after such request,
establish fair and formal procedures! for the subsequent public meeting, including
the opportunity for reasonable discllilsure, discovery, subpoenas, direct
examination, and cross examination. Subject to these rights and requirements,
where a meeting will be expedited and the interests of the participants will not be
substantially prejudiced thereby, th~ Board may choose to receive all or part of the
evidence in written form. .

(5) h- The Board shall issue a final wriiten deterniination regarding the decrease that
shall state its effective date, be mailed promptly to the persons who appeared by
written or oral comment at the Boatd's proceeding, and be filed promptly with the
water court.

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10. ENFORCEMENT AGREEMENTS. The l;loard may attach conditions to an
appropriation, decreased appropriation, ot acquisition, and may enter into any form
of contractual agreement, including enforc~ment agreements, that it determines will
preserve the natural environment to a rea~onable degree. The Board may enter into
enforcement agreements which limit the B~ard's discretion in the protection, approval
of inundation, modification or disposal of lSF,right, and/or may delegate limited
authority to act on the Board's behalf.eater iflte Bnfereemefl:t Agreemeats which limit tae
Beard's disereaen in the preteetiea, apprsval: ef iftImdatieR, meElia.ea-tlen er E1i6jlcsal ef ISF
rights relied UpCll BY federal llgefleies ill the i~lefBentatieR ef the Reeeyery Pre gram fer tae
BaaaBgerea Fisaes efthe CeleMe River Ba~ifl.
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a. Ratification of Enforcement Agreemen.ts. No e:8nforcement Aagreement shall be
effective to limit the discretion of the! Board until that agreement and all of its terms
are reviewed and ratified by the Board. Upon ratification, the Director may execute
the agreement and the agreement shall be binding upon the Board for the term set
forth in the eBnforcement aAgreement.

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