BOARD02223

• Board Meeting Date: 7/23/2001
• Description: Draft RICD Rules
• Board Meetings - Doc Type: Memo

DRAFT

affect that reach of the stream affected by the proposed RICD or that may be
affected by the RICD if adjudicated.

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6. Notice. Within seven days of the Application Receipt Date, the Staff shall mail
notice of receipt of the application to the CWCB agenda mailing list. The notice shall
include the name of the Applicant, the flow amounts claimed, the water division, the
name of the stream, the location of the structures including the County, and
information about how to obtain party status.

7. Party Status. Any person who desires party status, and who is not the Applicant or
who has not filed a statement of opposition toithe RICD, must submit an application
for party status to the Staff. The application for party status must be received at the
Board Office within thirty days after the Application Receipt Date.

8. Staff Input. After receiving and reViewing the information provided by the
Applicant, if the Staff determines that the Applicant has not provided adequate
information under Rule 5, the Staff shaH no#fy the Applicant of such deficiencies
within twenty days after the Application Rei:eipt Date. The Applicant shall have
forty days from the Application Receipt Dat~ to provide the necessary information.
Within eighty days from the Application Receipt Date, the Staff shaH provide a
written report to the Board and to all Parti.es based on the information provided by the
Applicant, and any other applicable information. Such written report shall include
recommended Findings of Fact and Recornmendation based on these rules.

9. Findings without a Hearing. If no Party has requested a public hearing, the Board
may adopt, adopt with modifications, or reject the Staffs recommended Findings of
Fact and Recommendation at any regularly scheduled or special meeting of the
Board. Within ninety days after the closing of the period for filing of statements of
opposition for the application for the RICD right, pursuant to section 37-92-102(6)(c),
the Board shall report its Findings of Fact and Recommendation to the water court for
review. Said Findings of Fact and Recommendation shall be based on the record,
which shall include all submissions to the Board by the Applicant, by the Staff, and
by any Party.

10. Request for a Hearing. Any Party may req~est that the Board hold a public hearing
regarding a RICD. Such requests must be submitted, in writing, to the Board office,
within forty-five days after the Application Rbceipt Date.

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11. Hearing Procedures. Once a hearing is requested pursuant to Rule 10 of the RICD
Rules, the Director shall appoint a Hearing Coordinator to set the date of the
hearing(s) and establish the procedures by which evidence will be offered.

a. Any Party may present testimony Or offer evidence regarding the RICD or the
factors that the Board considers. '
b. The Hearing Coordinator shall determine the date and location of 1\11 hearing(s),
including the date and location of a pre-hearing conference.

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