BOARD01788

• Board Meeting Date: 5/24/1999
• Description: ISF Section - Proposed Changes to the ISF Rules and Regulations
• Board Meetings - Doc Type: Memo

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May 11, 1999

INTEROFFICE MEMORANDUM

TO: Peter H. Evans
Dan Merriman

FROM: Alexandra L. Davis

RE: Additions and amendments to the CWCB's rules and regulations

I have attached to this memo a draft "Notice of Rule making" and the proposed
additions and amendments to the CWCB's rules and regulations. The Notice summarizes the
changes and sets forth the procedure for the rulemaking.

The amendments and additions to Rules 4.40,5.00 et seq. and 12.00 et seq. respond to
events surrounding contested lnstream Flow appropriations in 1998. In 1998, two proposed ..
Instream Flow appropriations became very controversial. Due to the Rules' lack of guidance ..
on procedures for controversial appropriations, objectors deluged the Board with information
at the very last minute. The Board's eleventh hour receipt of such information caused several
Instream Flow appropriations to be delayed until 1999 . The philosophy underlying the
proposed amendments and additions is that the public, the Staff, and the Board need to
exchange information in a timely manner that allows all parties, and particularly the Board,
adequate time to make informed decisions. The proposed rules attempt to ensure timely
collection and dissemination of information by clarifYing participants' responsibilities and
setting deadlines.

To adopt the proposed rules, with any changes the Board deems necessary, by the end
of 1999, I recommend that the Board should use the following timetable.

5/24/99: Board reviews the Notice of Rulemaking and the Draft additions and
Amendments.

6/99 & 7/99; Staff solicits/receives/incorporates comment from Board members and
informal comment from interested persons.

7/26/99: Board initiates rulemaking & requests publication of the Notice of Ru1emaking
and Proposed Rules and Regulations in the CCR. e