2009-07-07_REVISION - M1987049 (3)

Home Browse Search

Division Attorney: Peter Hack, Assistant Attorney General Office of the Attorney General of Colorado 1525 Sherman Street Denver, CO 80203 III. ISSUES Presentations to the Board shall be limited to the following issues. The parties shall limit presentations to the question of whether the pending application should be approved or denied, based on the issues stated below. 1. Has the applicant adequately addressed the potential impacts to the prevailing hydrologic balance in accordance with Rules 3.1.6 and 6.4.7, specifically the potential impacts from the proposed operations upon the historic supply of groundwater for the McCanne Ditch? IV. WITNESSES AND EXHIBITS At the Pre -Hearing Conference, the Applicant and Objector in accordance with Rule 2.6(2) exchanged lists of the witnesses and exhibits that may be used at the Formal Public Hearing regarding this matter. The Applicant and Objector each provided 13 copies of their respective lists to the Division staff -person present at the Pre -Hearing Conference. Lists of witnesses and exhibits were provided to the Board in the November 2009 monthly board mailing. All documents, exhibits, and photographs admitted by the Board as evidence at the Formal Public Hearing will become part of the administrative record. Upon request, a party may recover any evidence introduced by that party, if no action for judicial review is commenced within thirty (30) days of the date agency action in this matter becomes effective. V. PROCEDURE The Division, parties, and members of the public shall make presentations in the following order. The time limits set forth below are maximum and shall be strictly enforced. The Board has the right to limit any redundant or irrelevant testimony. As noted below, all parties will be afforded an opportunity to conduct cross-examination of any witnesses that testified during the presentation. 1. Board's Consideration and Adoption of the Draft Pre -Hearing Order The Pre -Hearing Conference Officer shall present this Draft Pre -Hearing Order to the Board for adoption. The Board will hear any objections to the Draft Pre -Hearing Order at that time, and will make any necessary amendments prior to adopting the Order 2. Division's Introduction: The Division shall have 5 minutes in which to present an overview of the application.