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<br />- 2- <br /> <br />I <br /> <br />engineering data, biological data and reports or other information that the Party will rely ... <br />upon at the hearing and shall contain: _ <br />i) A specific statement of the factual an(llegal claims asserted (issues to be resolved) <br />and the legal basis upon which the Patty will rely; <br />ii) Copies of all exhibits to be introduced at the hearing; <br />Hi) A list of witnesses to be called and a brief description of their testimony; <br />iv) Any alternative proposal to the propo~ed instream flow; <br />v) All written testimony to be offered into evidence at the hearing; and <br />vi) Any legal memoranda. <br /> <br />Each Party shall deliver a copy of its prehearing statement to all other Parties, Contested <br />Hearing Participants, the Hearing Officer and directly to the Assistant Attorneys General <br />representing Staff and the Board. The Board will not consider information, other than <br />rebuttal statements, submitted by the Parties after this deadline except for good cause shown. <br /> <br />(C) Any Contested Hearing Participant may also submit written comments 5 days prior to the <br />prehearing conference. Contested Hearing Pkticipants who submit written comments for the <br />Board's consideration shall provide a copy to all other Contested Hearing Participants, <br />Parties, the Hearing Officer and the Assistant Attorneys General representing Staff and <br />Board. <br /> <br />(D) The prehearing conference will afford the Parties the opportunity to address such issues as <br />time available for each Party at the hearing, avoiding presentation of duplicative information, <br />consolidation of concerns, etc. The Parties may formulate stipulations respecting the issues to A <br />be raised, witnesses and exhibits to be presented, and/or any other matters which may be - <br />agreed to or admitted by the Parties. At th~ prehearing conference, the Parties shall make <br />known any objections to the procedures or evidence that they may raise at the hearing unless <br />such objections could not have been reasonatily detennined at that time. <br /> <br />(E) August 15th is the last day for submission of written rebuttal statements, including testimony, <br />legal memoranda, and exhibits. Except for: such rebuttal, the Board will not accept any <br />statements or related documentation or exhiJ:lits submitted by any Party after the prehearing <br />conference, except for good cause shown or as agreed upon by the Parties. The scope of <br />rebuttal is limited to issues and evidence prespnted in the prehearing statements. <br /> <br />(F) Any documentation to be submitted pursuant!to subsection (E) of this Rule shall be delivered <br />to the Board and mailed to all Parties and Contested Hearing Participants by August 15th <br />unless the Parties agree otherwise. <br /> <br />DISCUSSION <br />Both the Iron Fen and Spring Creek are unique watei features located on USFS land. Fen systems in <br />general are of great concem to the USFS and it has! devoted substantial resources to understanding <br />how fens work and what the role of groundwater/sqrface water is with regards to protecting a fen. <br />Iron fens are rarer then other types of fens, and the! Mt. Emmons Iron Fen is one of a very few of <br />such fens located in Colorado. Spring Creek is a creek that begins as a large spring. Similar to the <br />Fen, the ground water/surface water connection is not fully understood. Because of the significant <br />connection between groundwater and surface wa$r for both of these features, the USFS has <br /> <br />Flood Protection. Water Project Planning and!Financing. Stream and Lake Protection <br />Water Supply Protection. qonservation Planning <br /> <br />e <br />