BOARD01298

• Board Meeting Date: 3/24/2003
• Description: ISF Section - Instream Flow Appropriations
• Board Meetings - Doc Type: Memo

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(A) Notice of the proposed decrease and the date of the public meeting at
which it will first be considered shall be printed in the resume in the
water court having jurisdiction over the decree that is the subject of
the decrease. The first public meeting of the Board at which the
decrease is to be considered shall occur at least sixty days after the
month in which the resume is published, Notice shall also be
published in a newspaper of statewide distribution within thirty to forty-
five days prior to such first public meeting,

(B) If the Board decides at such first public meeting to consider the
proposed decrease, the Board shall announce publicly the date of a
subsequent public meeting for such purpose,

(C) On the written request of any person made within thirty days after the
date of the first public meeting, the Board shall 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,
Such request may not be interposed solely for delay of the
proceedings,

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(D) On the written request of any person made within thirty days after the
date of the first public meeting, the Board shall, within sixty days after
such request, establish fair and formal procedures for the subsequent
public meeting, including the opportunity for reasonable disclosure,
discovery, subpoenas, direct examination, and cross examination,
and may promulgate rules that will assure orderly procedures,
Subject to these rights and requirements, where a meeting will be
expedited and the interests of the participants will not be substantially
prejudiced thereby, the Board may receive all or part of the evidence
in written form,

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(11/) The Board's final written determination regarding the decrease shall state its
effective date, be mailed promptly to the persons who appeared by written or
oral comment at the Board's proceeding, and be filed promptly with the
water court, Within thirty days after such effective date, any person who
appeared by written or oral comment at the Board's proceeding may file with
the water court and serve the Board a petition for judicial review of the
Board's determination that the decreed appropriation as decreased will
preserve the natural environment to a reasonable degree, based on the
administrative record and utilizing the criteria of Section 24-4,106 (6) and
(7), C,R.S, Any such person may request a stay in accordance with the
criteria of Section 24-4-106 (5), C,R.S" pending the review proceeding, If
no petition is filed, the court shall promptly enter an order decreasing the
Board's appropriation decree in accordance with the Board's written
determination, If a petition is filed, the court shall promptly order briefing and
oral argument and render its decision to affirm or set aside the Board's
determination, If the Board's determination is affirmed, the court shall
promptly enter an order decreasing the Board's appropriation decree in
accordance with the Board's written determination, If the Board's
determination is set aside, the court shall enter its order of relief under the