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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<[e-mail]>
COLAW.DOL2(nrdavial)
7181993:49pm
Proposed Rule Changes - CWCB

Dear Alex: I am a lousy politician. so I neglected to say in front of the
whole meeting that I thought you and your staff did a great job on the
proposed rules. The fact that I had some different ideas about them in no
way diminishes the quality of your product. So many agency rules are poorly
written. ungrammatical, and just plain confusing. and it was a delight to
read through some that weren't. Yours were obviously carefully thought out,
and clearly written, Watch out - you may have a career ahead of you as an
editor instead of a trial lawyer.

My minor comments on the rules are as follows:

Rule 5.20 Board Approval Process

November: I recommend saying, "The Board shall update the public on
the results of any hearings. and may take final action on contested Final
Staff Recommendations," The public notice could probably be something pretty
simple. perhaps a statement in the agenda for the meeting att which the Board
is going to take final action, You could say, for example. "ABC Stream.
Final Action following contested hearing, 5 cts summer and 3 cts winte~' or
"DEF Stream, Final Action following contested hearing, revoke appropriation".
I assume the Board may want some record of what happens to its January
appropriations anyway. and this might be a convenient way to advise the
public as well.

Section 5.21(B) - resume notice section vi: Should read, "Any Notice
to Contest..."

Section 5.42: I fouind this sentence awkward. Could you just say,
"That the natural environment will be preserved to a reasonable degree by the
water available for the appropriation" If this occurs after the declaration
of appropriation in January, the Board has already made the appropriation.
and I don't think you need the "to be made" portion.

Section 5.50: "Staff may agree to terms and conditions that would
prevent injury to the present uses or exchanges of water being made by other
water users...." What about conditional rights or decreed rights that are
not being fully utilized. I would assume that Staff could agree to terms
and conditions protecting those rights as well.

Section 5.61 (B): Last sentence - you may want to replace "interested /
persons" with "those who have party status or who are on the Contested V
Recommendation Mailing List"

Section 5.63(B) and (D): I got hung up 9rammatically on the last
sentence of each section, because "without good cause" seems to modify the
word "determinations". I'm not quite sure how to re-write it. Perhaps you
could say "The Board will not consider information submitted after this
deadline unless good cause is shown."

Section 5.63(E), The prehearing conference will afford the Parties

Section 10.54: Last word of first sentence should be examination
(not examinations)

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