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<br />g, The Hearing Officer shall determine the order of testimony for the hearing( s), and shall
<br />decide other procedural matters related to the hearing(s), The Hearing Officer does not
<br />have authority to rule on substantive issues, which authority rests solely with the Board,
<br />
<br />h, The Board will not apply the Colorado Rules of Evidence at hearings on proposed
<br />acquisitions,
<br />
<br />1. The Board may permit general comments from any person who is not a Party; however,
<br />the Board may limit these public comments to five minutes per person,
<br />
<br />], The Board may take final action at the hearing(s) or continue the hearing and/or
<br />deliberations to a date certain,
<br />
<br />.
<br />
<br />k. Board hearings may be recorded by a reporter or by an electronic recording device, Any
<br />Party requesting a transcription of the hearing(s) shall be responsible for the cost of the
<br />transcription,
<br />1. When necessarv, the Board mav modify this schedule or a ny part thereof as it deems
<br />auofooriatc.
<br />
<br />6j, Board Action to Acquire Water. Water Rights or Interests in Water. The Board shall consider the
<br />acquisition during any regular or special meeting of the Board, At the Board meeting. the Board shall
<br />consider all presentations or comments of Staff or any other person, After such consideration, the Board
<br />may acquire, acquire with limitations, or reject the proposed acquisition,
<br />
<br />6k. Water Court Proceeding, In the event water, water rights or interests in water acquired by the Board are
<br />not decreed for ISF uses to preserve or improve the natural environment to a reasonable degree, the Board
<br />may authorize the Attorney General to file a water court application to change the decreed type of use and
<br />place of use of the water, water rights or interests in water acquired by the Board, The Board may pursue
<br />joint applications to change a water right with the owner of any water, water right, or interests in water. .
<br />The Water Court shall determine matters that are within the scope 0[937-92-305, C.R,S" which may
<br />include injury and the potential impact of the change upon return flows,
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<br />
<br />Statement of Basis and Purpose
<br />
<br />In 1973, the General Assembly enacted Senate Bill 97, creating the Colorado I nstream F Iowa nd N atmal Lake
<br />Level Program ("ISF Program") to be administered by the Colorado Water Conservation Board ("Board"), The
<br />statutory authority for these Rules is found at sections 37-60-108 and 37-92-102 (3), C.R.S. (2002), The purpose of
<br />these Rules is to codifY and establish Board procedures for the implementation of the Colorado Instream Flow and
<br />Natural Lake Level Program. The 2004 amendments to these Rules are intended to implement H.B. 03-1320 and to
<br />update Rule 6 procedures,
<br />
<br />In 2003, Rule 6 was amended to implement the provisions of S,B, 02-156 by identifYing factors that the Board will
<br />consider when determining whether to acquire water, water rights, or interests in water, and by establishing
<br />procedures for notice, public input, and if necessary, hearings, Rule 6,g has been amended to implement H.B, 03-
<br />1320, codified at section 37-83-105. C.R,S, (2003), Rule 6,g explains how the Board and its staff will respond to
<br />offers of water, water rights and interests in water for temporary instream flow use, enabling a timely response to
<br />meet emergency needs,
<br />
<br />Based upon the Board's experience with acquisitions, Rule 6,j has been amended to enable the Board to finalize an
<br />acquisition within a two-meeting time frame if necessary, .
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