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<br />The CWCB will not apply the rules of evidence or civil procedure. No member of the _
<br />public or CWCB Staff shall have the right to cross examine any person speaking at the hearing, ..
<br />CWCB members may ask questions of any person appearing before them, At the end of all
<br />public comment, the CWCB may allow members of the public to ask questions of staff or the
<br />CWCB.
<br />
<br />The chair of the CWCB may stop any Scheduled Oral Presentation or General Public
<br />Comment if the person speaking has exceeded his/her allotted time. No exhibits, maps,
<br />demonstrative exhibits or physical evidence may be presented in the oral summary unless such_
<br />material was attached to the participant's written comment. Once the written comment is
<br />submitted for the consideration of the cwes, the material becomes part of the Administrative
<br />Record and the property of the CWCB and will not be returned to the person offering the
<br />material.
<br />
<br />Subject to Section 24-4-103, C.R.S., the Board may modify the proposed revised Rules
<br />prior to promulgating final revised Rules.
<br />
<br />DESCRIPTION OF THE SUBJECTS AND ISSUES INVOLVED
<br />
<br />The following rules have been added or amended:
<br />Rule 4 (Definitions): 4.40.
<br />Rule 5 (Original Appropriation Procedure): 5.10,5.20,5.21,5.22,5.23,5.24,5,30,5.40,5,50,
<br />5.60, 5.61, 5.62, 5.63, 5,64, 5.65, and 5.66.
<br />Rule 10 (Modification of ISF Rights): 10.23, 10.30, 10.40, 10.41, 10,50, 10.51, 10.52, 10,53,
<br />and 10,54.
<br />Rule 12 (Public Review Process): 12.01, 12.02, 12.04.
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<br />Summary of changes:
<br />A definition of "Final Staff Recommendation" was added to create Rule 4.40.
<br />
<br />Numerous additions and amendments were made to Rule 5.00 to create a streamlined
<br />process for ISF appropriation that clarifies responsibilities of staff and public in the public review
<br />process and provides for timely public participation. The new rules change notice
<br />requirements, add deadlines, and add submission requirements. The amendments clarify Staff
<br />collaboration regarding development of ISF recommendations, delete the two meeting
<br />requirement, and set forth an annual schedule for initiating, processing and appropriating ISFs,
<br />The new Rule 5.00 incorporates guidelines regarding the Board's formation of its intent to
<br />appropriate, publication, notice requirements, appropriation date and final Board action.
<br />Further, the proposed Rule directs informal public notice and comment occurring after the
<br />Board forms its intent to appropriate; appropriations mailing lists; and protests to Final Staff
<br />Recommendations. The proposed Rule 5.00 clarifies Staffs abilities and obligations regarding
<br />Statements of Opposition filed by the CWCB. The Rule explains the intent and the scope of
<br />new procedures and creates the following new procedures: procedures, parameters and
<br />requirements for contesting a proposed (SF recommendation, filing requirements, and
<br />interested persons' rights and responsibilities as well as procedures for prehearing conferences
<br />and hearings on contested Final Staff Recommendations, including requirements, notices and
<br />conduct.
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