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:

(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 of the 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 ofthe
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
tlllitJ' twenty 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 oftime.

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,

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