NOTICE OF PUBLIC RULEMAKING HEARING
	BEFORE THE
	COLORADO WATER QUALITY CONTROL COMMISSION

SUBJECT:

For consideration of the adoption of revisions to the Dillon Reservoir Control Regulation, Regulation #71 (5 CCR 1002-71).  The revisions to Regulation #71 proposed by the Water Quality Control Division as staff to the Commission and the Summit Water Quality Committee, along with a proposed Statement of Basis, Specific Statutory Authority, and Purpose, are attached to this Notice as Exhibit 1.  Any alternative proposals related to the revisions proposed in Exhibit 1, and developed in response to those proposed revisions, will also be considered.

HEARING SCHEDULE:

DATE:		Monday, April 9, 2007
TIME:		10:30 a.m.
PLACE:	Florence Sabin Conference Room
Department of Public Health and Environment
4300 Cherry Creek Drive South
Denver, Colorado

PUBLIC PARTICIPATION ENCOURAGED:

The Commission encourages all interested persons to provide their opinions or recommendations regarding the matters to be addressed in this rulemaking hearing, either orally at the hearing or in writing prior to or at the hearing.  Although oral testimony from those with party status (see below) and other interested persons will be received at the hearing, the time available for such oral testimony may be limited.  Written submissions prior to the hearing are encouraged, so that they can be distributed to the Commission for review prior to the hearing.  Oral testimony at the hearing should primarily summarize written material previously submitted.  The hearing will emphasize Commission questioning of parties and other interested persons about their written prehearing 
submittals.  Introduction of written material at the hearing by those with party status or mailing list status (see below) generally will not be permitted.

PARTY STATUS/MAILING LIST STATUS:

Participation as a "party" to this hearing or acquisition of "mailing list status," will require compliance with section 21.4(D) of the Procedural Rules, Regulation #21 (5 CCR 1002-21).  Mailing list status will allow receipt of all party documents (except individual exhibits more than five pages in length).  It is not necessary to acquire party status or mailing list status in order to testify or comment.  For each request for party status or mailing list status, please provide the organization’s name, a 

contact person, mailing address, phone number, fax number and email address if available.    Written party status or mailing list status requests are due in the Commission Office on or before:

	DATE:		Tuesday, January 30, 2007
TIME:		5:00 p.m.

Party status or mailing list status requests may be submitted by a fax to 303-691-7702 by this deadline, or by email to diana.glaser@state.co.us, provided that the original and three copies are mailed by this same date.  

PREHEARING STATEMENTS:

PLEASE NOTE that for this hearing two separate deadlines for prehearing statements are established:  (1) An original and 13 copies of an initial prehearing statement from the Water Quality Control Division and Summit Water Quality Committee as the proponents of revisions proposed in Exhibit 1 attached to this notice, including written testimony and exhibits providing the basis for the proposals, must be received in the Commission Office no later than February 7, 2007; and (2) An original and 13 copies of a prehearing statement, including any exhibits, written testimony, and alternative proposals of anyone seeking party status and intending to respond to the joint proposal must be received in the Commission Office no later than February 28, 2007.  Those requesting mailing list status shall provide written testimony, if any testimony is to be offered for the hearing, by this same date.  

For each deadline, the required number of hard copies of documents must be received in the Commission office by the specified deadline.  These requirements are not satisfied by electronic transmission of a facsimile copy or copies.  However, parties are also strongly encouraged to email a copy of their written documents to the Commission Office, so that materials received can be posted on the Commission’s web site.  (Please email to diana.glaser@state.co.us.)   In addition, copies of these documents must be mailed or hand-delivered by the specified dates to all persons requesting party status or mailing list status, and to the Attorney General's Office representatives for the Commission and Department, in accordance with a list provided by the Commission Office following the party status/mailing list status deadline.

Also note that the Commission has revised a document entitled Information for Parties to Water Quality Control Commission Rulemaking Hearings.  A copy of this document will be mailed to all persons requesting party status or mailing list status.  It is also posted on the Commission’s web site noted above, under “General Information – Public Participation in Commission Proceedings”.  Following the suggestions set forth in this document will enhance the effectiveness of parties’ input for this proceeding.  Please note the new request that all parties submit their hard copies of all hearing documents on three-hole punch paper.

PREHEARING CONFERENCE:

DATE:		Wednesday, March 7, 2007
TIME:		2:00 p.m.
PLACE:	Board Room
Department of Public Health and Environment
4300 Cherry Creek Drive South
Denver, Colorado

Attendance at the prehearing conference is mandatory for all persons requesting party status.  

REBUTTAL STATEMENTS:

Written rebuttal statements responding to the prehearing statements due on February 28, 2007 may be submitted.  Any such rebuttal statements must be received in the Commission Office by March 28, 2007.  An original and 13 copies of written rebuttal statements must be received in the Commission Office by this deadline.  Please also email a copy to diana.glaser@state.co.us.  This requirement is not satisfied by electronic transmission of a facsimile copy or copies.  In addition, copies of these documents must be mailed or hand-delivered by that date to all those requesting party status or mailing list status, and to the Attorney General's Office representatives for the Commission and Department.  No other documentation, exhibits, or other materials will be accepted following this deadline except for good cause shown.

SPECIFIC STATUTORY AUTHORITY:

The provisions of sections 25-8-202(1)(c); 25-8-205; and 25-8-401 C.R.S. provide the specific statutory authority for consideration of the regulatory amendments proposed by this notice.  Should the Commission adopt the regulatory language as proposed in this notice or alternative amendments, it will also adopt, in compliance with section 24-4-103(4) C.R.S., an appropriate Statement of Basis, Specific Statutory Authority, and Purpose.

NOTIFICATION OF POTENTIAL MATERIAL INJURY TO WATER RIGHTS:

In accordance with section 25-8-104(2)(d), C.R.S., any person who believes that the actions proposed in this notice have the potential to cause material injury to his or her water rights is requested to so indicate in the party status request submitted.  In order for this potential to be considered fully by the Commission and the other agencies listed in the statute, persons must fully explain the basis for their claim in their prehearing statement which is due in the Commission Office on the date specified above.  This explanation should identify and describe the water right(s), and explain how and to what degree the material injury will be incurred.

Dated this   12th     day of December 2006 at Denver, Colorado.

WATER QUALITY CONTROL COMMISSION
																		______________________________                                                                         
Paul D. Frohardt, Administrator