BOARD01525

• Board Meeting Date: 5/23/2005
• Description: Water Conservation and Drought Mitigation Guidelines for Board Action
• Board Meetings - Doc Type: Memo

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Final Draft for Discussion Purposes Only

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Plan as submitted, subject to certain required modifications or conditions set forth by the
Office and provided in its written notification. The Office will specify in its written
notification a schedule for when the submitting entity will need to resubmit relevant portions
of the Water Conservation Plan to the Office. Once the relevant Plan components have been
resubmitted and reviewed and approved by the Office, the Office will post the plan on the
CWCB web site and will provide copies of the approval notification to the CWCB Office of
Water Supply Finance and the Colorado Water Resources and Power Development
Authority. Re-submittal of the Plan must occur within 180 days of the date when the Office's
Conditional Approval letter was sent, not received, or the Plan will need to be resubmitted for
review and approval by the Office.

(c) Disapproval with Modifications - means that the submitting entity's Plan has not met the
minimum statutory requirements and/or is inconsistent with the guidelines, and the
submitting entity should not proceed with the implementation of the Water Conservation Plan
until the stated deficiencies are corrected as delineated in the Office's written notification and
the submitting entity resubmits all or those relevant portions of the Plan to the Office for
subsequent review. The submitting entity has 180 days from the date the Office's written
notification was sent to complete any re-submittal of those relevant portions of the Plan to the
Office for subsequent review or will be required to re-initiate the Plan submittal process in
accordance with these guidelines.

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(2) In situations where a covered entity has received a loan surcharge from the Board or the
Colorado Water Resources and Power Development Authority in association with an unforeseen
emergency as determined by the Board or the Colorado Water Resources and Power
Development Authority but had not submitted and adopted a Water Conservation Plan in
compliance with 937-60-126, the Office will provide notification of the covered entity's Water
Conservation Plan approval to the appropriate organization, when and if such plan has been
reviewed and approved by the Office in accordance with these guidelines.

5d. Procedural Guidelines for Contesting Plan Disapproval by the Office -
(I) Whenever a submitting entity contests the determination provided by the Office regarding its
submitted Plan, that entity can submit a request for a Contested Plan Review to the Board.
(2) In submitting a request for a Contested Plan Review, a submitting entity may raise only those
issues relevant to the statutory determinations required by 937-60-126 C.RB. and the
requirements of the guidelines in fulL

(3) To request a Contested Plan Review, a submitting entity must comply with the provisions of
5d. The Office must receive the request for a Contested Plan Review within 180 days of the date
of the written notification letter sent by the Office to the submitting entity, pursuant to 5c, or if
the I 80th day falls on a weekend or holiday, on the first business day thereafter. The date of the
written notification letter is the date the letter was sent, not the date it was received.

(4) A request for a Contested Plan Review shall be made in writing and contain the following
information:

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(a) Identification of the person(s) requesting the review;
(b) Identification of the plan and submitting entity at issue; and,
(c) The contested facts and a general description of the data upon which the person(s) will
rely to the extent known at that time.

5/12/2005

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