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<br />These determinations sb~n be subiect to iudicial review in the water court aDDlication and decree <br />Droceedim!s initiated bv the Board based on the Board's administrative record and utilizin!! the <br />criteria of C R S 24-4-1 06(6) and (7) <br /> <br />e <br /> <br />~ 5 50 Statement of Opposition. In the event that any person files a Statement of Opposition to <br />an ISF water right application in Water Court, the Staff mav al!fee to terms and conditions that <br />would Drevent iniurv to the Dresent uses or exchan!!es of water bein!! made bv other water users <br />Dursuant to aDDroDriation or Dradices in existence on the date of such aDDroDriation in <br />accordance with C R S 37-92-102(3)(b) Bellf-6 may r-edllse the amollRt efwater SOllght by the <br />Iljllllielltieft, may redllee the leBgtil of tile str-e1llR reaeH, may furtHer segmeftt tHe stream r-eaCH or <br />may agree to ether t6flllS and cOllditiens associated ';nth the ',yater right SOlight in order te <br />address 6encems eJ!jlressed by eppesers. This eftaHge in the Iljlplieatioll shall net be deemed a <br />meEiiB611Ueft that is reEjllired te foUe..... the precedlires ift Seetieft 10. Where the resolution of the <br />Statement of ODD osition incllldes terms and conditions Dreventin!! iniurv and does not involve a <br />chan!!e rel!ardinl! the Board's determinations under Rule 5 40 the Board is not reouired to review <br />and ratify the resolution Staff mav authorize its counsel to silffi anv court documents necessarY <br />to finalize this tvoe of oretrial resolution without Board ratification <br /> <br />5 60 Procedural rules for contested ISF recommendations <br /> <br />5 61 ScoDe and Pumose <br /> <br />e <br /> <br />5 6HA) Whenever a Stafl'Recommendation is contested, the Board sball Drovi4e the <br />ODDOrtunitv for a headn!! at which anv DartY mav Dresent evidence views and/or arl!Uments for <br />or a!!ainst the recommendation The hearin!! shall be a notice and comment hearin!! as authorized <br />in S 37-92-102(4)(a) C R S (1999) and shall not be a formal a!!encv adjudication under S 24-4- <br />105 C.R S (1999) <br /> <br />5 61lB) These rules are intended to assure that information is received bv the Board in a <br />timelv manner Where these rules do not address a Drocedure or issue. the Board shalLdetermine <br />the Drocedures to be followed on a case-bv-case basis The Board mav waive the reouirements of <br />these rules whenever the Board determines that strict adherence to the rules is not in the best <br />interests offaimess unless such waiver would violate aDDl~3ble statutes For anv such waiver <br />the Board shall Drovide aDDroDriate iustification in writin!! to Dersons who have Partv status or <br />wbo are on the Contested Recommendation mailinl! list <br /> <br />5 6HC) In a headnl! on a contested StafIRecommendation a DartV mav raise onlv those <br />issues relevant to the statutorY determinations roouired bv S 37-92-102(3)(c) C R S and set forth <br />in Rule 5 40 <br /> <br />e <br /> <br />Page 6 of 12 <br />