BOARD02232

• Board Meeting Date: 7/20/2004
• Description: ISF Section - Rulemaking Hearing - Proposed Changes to ISF Rules 6g and 6i
• Board Meetings - Doc Type: Memo

c. At least thirty days prior to the hearing date(s), the Board shall provide written
notice of the hearing(s) to the person proposing the acquisition, all interested
parties known to the Board, and all persons on the ISF Subscription Mailing List
for the relevant water division. The Board also shall provide Proper Notice.

d. Any person who desires party status shall become a Party upon submission of a
written Notice of Party Status to the Board Office. The Notice shall include the
name and mailing address of the person and a brief statement of the reasons the
person desires party status. The Board Office must receive Notice of Party Status
within seven days after notice of the hearing is issued.

e, The Hearing Officer shaH set timelines and deadlines for all written submissions.
Prehearing statements will be required, and shaH include, but not be limited to, the
following: I) a list of all disputed factual and legal issues; 2) the position of the
Party regarding the factual and legal issues; 3) a list identifying all of the
witnesses that will testify for the Party, and a summary ofthe testimony that those
witnesses will provide; and 4) copies of all exhibits that the Party will introduce at
the hearing( s).

f. Any Party may present testimony or offer other evidence regarding the proposed
acquisition.

g. The Hearing Officer shall determine the order of testimony for the hearing(s), and
shall decide other procedural matters related to the hearing(s). The Hearing
Officer does not have authority to rule on substantive issues, which authority rests
solely with the Board,

h. The Board will not apply the Colorado Rules of Evidence at hearings on proposed
acquisitions.

I. The Board may permit general comments from any person who is not a Party;
however, the Board may limit these public comments to five minutes per person,

J. The Board may take final action at the hearing(s) or continue the hearing andlor
deliberations to a date certain,

k. Board hearings may be recorded by a reporter or by an electronic recording
device. Any Party requesting a transcription of the hearing(s) shall be responsible
for the cost ofthe transcription.
I. When necessary, the Board may modify this schedule or any part thereof as it
deems appropriate.

6j. Board Action to Acquire Water. Water Rights or Interests in Water, The Board shall consider the
acquisition during any regular or special meeting of the Board. At the Board meeting, the Board
shall consider all presentations or comments of Staff or any other person. After such
consideration, the Board may acquire, acquire with limitations, or reject the proposed acquisition.

6k. Water Court Proceeding, In the event water, water rights or interests in water acquired by the
Board are not decreed for ISF uses to preserve or improve the natural environment to a reasonable
degree, the Board may authorize the Attorney General to file a water court application to change
the decreed type of use and place of use of the water, water rights or interests in water acquired
by the Board. The Board may pursue joint applications to change a water right with the owner of
any water, water right, or interests in water. The Water Court shall determine matters that are