BOARD01131

• Board Meeting Date: 7/26/1999
• Description: ISF Section - Proposed Changes to the ISF Rules - Errata Sheet and Additional New Information
• Board Meetings - Doc Type: Memo

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Attorneys At Law
1775 Sherman Street. Suite 1300
Denver, Colorado 80203
[phone]' Fax: [phone]

JUL 1 2 1999

To:
From:
Subject:
Date:

Interested Parties
Mark T. Pifher vf'
CWCB Draft Notice of Rulemaking
July 2, 1999

OFFIChOt'11lE
ATIORNEY GENERAL
NATURAL RESOURCES &
ENVIRONMENT SECTION

The following are comments upon the May 10, 1999 draft of proposed additions and
amendments to the rules and regulatIons 01 tne Colorado Water Conservation Board.

I.

Rule 5.20 indicates that in "January" the Board may form its intent to appropriate.
However, the staff will not make its final recommendation until the July Board meeting.
In addition, Rule 5.21 indicates that the Board may form its intent to appropriate specific
ISF water rights "after reviewing staffISF recommendations." See also Rule 5.2 I (A)
(notice of the Board's potential action to form its intent to appropriate shall be given in
the agenda for the January Board meeting). Wouldn't it be more appropriate to have the
intent to appropriate established in July? Cf: Rule 5.21 (e) (notice to County
Commissioners after the Board forms its intent to appropriate).

2. With reference to Rule 5.50, I would suggest adding the words "of the Statement of
Opposition" after the first appearance of the word "resolution" in the second sentence.

3.

The "ten working days" referenced in Rule 5.62(A) may be too short. It should be at least
fifteen working days.

4. Rule 5.62eA)(ii) should indicate that by filing a Notice to Contest, or failing to file such a
Notice, a person is not waiving any rights he may have relative to the Water Court
proceedings established under C.R.S. S 37-92-101 et seq.

5. It appears that there are potentially only seven working days between the filing of a
Notice to Contest and the filing of a Request for Party Status pursuant to Rule 5.62(B)(i).
It is unclear exactly how a potentially interested person would be able to receive notice of
the Contest and then file for party status in that short time frame.

6. Also with reference to Rule 5.62(B)(i), at the time of filing for party status one might not
be aware of all of the "contested facts," and not have in their possession "a general
description of the data to be presented to the Board." This information should be
provided in the prehearing statement.