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<br />. <br /> <br />allows early identification of contesteii appropriations and a significantly longer time for Staff and .. <br />interested parties to attempt to resolve issues. The new draft also allows the Board to move .. <br />forward on uncontested appropriations more quickly. Staff feels the process is more efficient with <br />these changes. <br /> <br />One issue raised but not resolved at the July 8 meeting, is whether the Board should allow <br />cross-examination at the hearings on contested instream flow appropriations esee attached <br />comments). Staff feels this issue should be decided by the Board. Previously, the Board has <br />indicated that it prefers to hear each interested party's presentations on the issues without cross- <br />examination by opposing parties. Staff supports this approach for several reasons. The Board is <br />fully capable of evaluating a witness' credibility and questioning a witness where necessary to <br />understand that witness' testimony. Cross-examination may be inefficient and cumbersome, <br />Cross-examination is not essential to this type of proceeding, which, at a minimum, only requires <br />notice and comment. Further, the potential for cross-examination could deter lay witnesses from <br />participating in the hearings. However, some members of the water bar strongly advocate <br />allowing cross-examination at such hearings as a more effective way of uncovering the truth. One <br />option is to allow cross-examination of expert or technical witnesses only. However, this would <br />create the need to designate types of witnesses to avoid disputes over whether parties may cross- <br />examine a witness. Staff recommends not allowing cross-examination at the hearings. <br /> <br />The AGO and CWCB staffs will hold another informal meeting on August 5, 1999, to <br />discuss the proposed rules and take public comment. This meeting will be held in Room 318 of <br />the Centennial Building, which is located at 1313 Sherman Street, Denver, Colorado. All <br />interested persons are encouraged to attend. e <br /> <br />Staff Recommendation <br /> <br />Staffis requesting the Board review and approve for publication the attached "Proposed <br />Additions and Amendments to the Rules of the Colorado Water Conservation Board". Staffis <br />also requesting the Board to initiate the Rulemaking process by setting a Rulemaking Hearing for <br />September 29, 1999, and to direct staff and the AGO to publish the proposed additions and <br />amendments to the rules in the Colorado Code of Regulations (CCR). In addition, staff is <br />requesting the Board also designate a hearing officer to preside over a formal pre-hearing <br />conference concerning the rules. This pre-hearing conference will be held on September 2, 1999, <br />in Denver, Colorado. <br /> <br />Agenda Item 7 _ VI <br /> <br />e <br /> <br />F100d Control and Floodplain Management-Larry Lang, Chief. Warer Project Planning and ConsllUction- Mike Serle~ Chief. Instream <br />Flows and Water Rights Investigations-Dan Merriman, Chief. Interstate Streams Investigations-Randy Seaholm, Chief. Office of <br />Conservation Planning,William StanUln, Chief. Personnel and Budget .Susan Maul, Chief <br />