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

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(1) Prior to Board consideration of any proposed acquisition, Staff shall mail notice of the
proposed acquisition to all persons on the ISF Subscription Mailing List for the relevant water
division, and shall provide Proper Notice. Such notice shall include:

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(a) the case number adjudicating the water right proposed to be acquired, and the
appropriation date, adjudication date, priority, and flow amount of the water right
proposed to be acquired;
(b) the location ofthe stream reach or lake that is the subject of the proposal, including, when
available, the specific length of stream reach to benefit from the proposed acquisition;
(c) any available information on the purpose of the acquisition, including the degree of
preservation or improvement of the natural environment to be achieved; and
(d) any available scientific data specifically supporting the position that the acquisition will
achieve the goal of preserving or improving the natural environment to a reasonable
degree,

(2) At every regularly scheduled Board meeting subsequent to the mailing of notice, and prior to
final Board action, Staff will report on the status of the proposed acquisition and time will be
reserved for public comment.

(3) Any person may address the Board regarding the proposed acquisition prior to final Board
action, Staff shall provide any written comments it receives regarding the proposed
acquisition directly to the Board,

(4) Any person may request the Board to hold a hearing on a proposed acquisition. Such a
request must be submitted to the Board in writing within tlliFly-twentv days of the first Board
meeting at which the Board considers the proposed acquisition, and must include a brief
statement, with as much specificity as possible, of why a hearing is being requested,

(5) At its next regularly scheduled meeting after receipt of the request, or at a special meeting, the
Board will consider the request and may, in its sole discretion, grant or deny such a request.
All hearings scheduled by the Board shall be governed by the following procedures:

a, A hearing on a proposed acquisition must be held within the 120 day period allowed for
Board consideration of an acquisition pursuant to Rule 6b" unless the person requesting
the Board to consider the proposed acquisition agrees to an extension of time,

b, The Board shall appoint a Hearing Officer to establish the procedures by which evidence
will be offered.

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 shall set timelines and deadlines for all written submissions,
Prehearing statements will be required, and shall 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 of the 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,

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