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Last modified
8/16/2009 3:00:55 PM
Creation date
10/4/2006 6:53:58 AM
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Board Meetings
Board Meeting Date
11/25/2002
Description
ISF Section - Stream and Lake Protection Section Proposed Instream Flow Rulemaking
Board Meetings - Doc Type
Memo
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<br />e <br /> <br />e <br /> <br />e <br /> <br />(2) At the hearing, the Board shall hear arguments, concerns or rebuttals from <br />Parties, Contested Hearing Participants and interested members of the public, <br />The Board_, in its diseretion, may limit testimony at the hearing. Without <br />good cause, the Board will not permit Parties or Contested Hearing <br />Participants to introduce written material at the hearing not previously <br />submitted pursuant to these Rules. The Board, in making its determinations, <br />need not consider any written material not timely presented. <br /> <br />(3) Only the Board may question witnesses at the hearing except where the Board <br />determines that, for good cause shown, allowing the parties to question <br />witnesses may materially aid the Board in reaching its decision, or where <br />such questioning by the Parties relates to the statutory findings required by <br />S 37-92-102(3)(c), CR.S. (1999). The Board may terminate questioning <br />where the Board determines that such questioning is irrelevant or redundant <br />or may terminate such questioning for other good cause, <br /> <br />(4) The hearing shall be recorded by a reporter or by an electronic recording <br />device, Any Party requesting a transcription of the hearing shall be <br />responsible for the cost ofthe transcription, <br /> <br />q. Final Board Action, The Board may take final action at the hearing or at a later date. <br /> <br />r. Statement of Opposition. In the event that any person files a Statement of Opposition <br />to an ISF water right application in Water Court, the Staff may agree to terms and <br />conditions that would prevent injury. Where the resolution of the Statement of <br />Opposition does not involve a change regarding the Board's determinations under <br />Rule S.i, (including but not limited to amount, reach, and season), the Board is not <br />required to review and ratify the resolution. Staff may authorize its counsel to sign <br />any court documents necessary to finalize this type of pretrial resolution without <br />Board ratification. <br /> <br />s. Withdrawal of Filing. If the Board elects to withdraw a Water Court filing, notice <br />shall be given in the agenda ofthe Board meeting at which the action is expected to <br />occur. <br /> <br />6. ACQUISITION OF WATER. WATER RIGHTS OR INTEREST IN WATER FOR <br />INSTREAM FLOW PURPOSES, The Board may acquire water, water rights, or interest~ <br />in water for ISF purposes by the following procedures: <br /> <br />13 <br />
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