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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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 ofthe
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: 1) a list of
all disputed factual and legal issues; 2) the position ofthe 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.

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.

1. 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 and/or 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 of the
transcription,

\. When necessarv, the Board may modify this schedule or any oarl lhereof as it deems
appropriate,

EFFECTIVE DATE

The amendments to the rules shall become effective 20 days after publication of the final
rules in the Colorado Register,

SPECIFIC STATUTORY AUTHORITY

The statutory authority for the amendments to the Rules Concerning the Colorado
Instream Flow and Natural Lake Level Program is found at sections 37-60-108, C,R,S, (2003)
and 37-92-102, C.R,S. (2003),

Dated this 14th day of April 2004,

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