BOARD01568

• Board Meeting Date: 5/19/2003
• Description: Agenda
• Board Meetings - Doc Type: Agenda

(3) Staff will maintain an ISF Subsqription Mailing List for each water division.
Any person desiring to receive infonnation concerning proposed ISF
appropriations for that water division must contact the Board Office to
request inclusion on that ISF Subscription Mailing List.

5f. Date of Appropriation, The Board may, select an appropriation date that may be no
earlier than the date the Board declares its intent to appropriate. The Board may
declare its intent to appropriate when ,it concludes that it has received sufficient
infonnation that reasonably supports the :findings required in Rule 5i.

5g, Notice. Agenda and ISF Subscription Mailing List(s) notice shall be given pursuant
to Rule 5d, and the public shall be afforded an opportunity to comment pursuant to
Rule 5e. Notice of the date of final action on unl~ontested ISF appropriations shall be
mailed to persons on the ISF Subscription Mailing Lists for the relevant water
divisions, maintained pursuant to Rule 5e,(3).

5h. Final Board Action on an ISF Aooropriation. The Board may take final action on
any uncontested ISF appropriation(s) at the May Board meeting or any Board
meeting thereafter, If a Notice to Contest has been filed, the Board shall proceed
under Rules 5j. - 5q.

5i. Required Findings. Before initiating a water right filing to confirm its appropriation,
the Board must make the following determinations:

(I) Natural Environment. That there is 21 natural environment that can be
preserved to a reasonable degree with the Board's water right if granted,

(2) Water Availabilitv, That the natural environment win be preserved to a
reasonable degree by the water available for the appropriation to be made.

(3) Material fuiurv. That such envirpnment can exist without material injury to
water rlgbts.

These detenninations shall be subject to judiciallreview in the water court application
and decree proceedings iniiiated by the Board, based on the Board's administrative
record and utilizing the criteria of ~~24.4-106(6) and (7), C.R.S,

5j, Procedural Rules for Contested ISF Appropriations.

(1) Whenever an ISF appropriation iJ contested, the Board shall hold a hearing at
which any Party may present ~videncel, witnesses and arguments for or
against the appropriation and any Contellted Hearing Participant or member
of the public may comment. The hearing shall be a notice and comment
hearing as authorized in ~37-92.102(4)(al), C.R.S., and shan not be a formal
agency adjudication under ~24.4.105, CRS.

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