EP Permit Process Timeline

Many of you have been asking when to submit comments, whether there will be a meeting where BSEACD will discuss the permit, etc. Here is the timeline and procedure that BSEACD's rules lay out in hopefully a more digestible format.

BSEACD will send EP notice that its application is administratively complete and a PRELIMINARY decision on the permit on May 21.

Then the public will essentially have at most 30 days to comment (EP has 10 days to publish notice and the public comment period and deadline to file a contested case starts once EP publishes notice and lasts for 20 days).

The General Manager has 60 days to decide whether to hold a hearing on the application. If someone contests during the 20 day comment period, obviously there will be a hearing, and the timeline depends on whether a SOAH hearing is requested. BSEACD has rules that govern the contested case process under Section 4-9.

If no one contests it, then it will proceed as an uncontested application, likely with a public hearing (not a contested case hearing) which will be conducted at a Board meeting (at some point AFTER the 20 day comment period ends but within 35 days from the date the GM decides to hold a hearing.

The Board will have to make a final decision within 60 days after the public hearing. EP could then decide to contest this final decision and has 20 days to do so, but only if the final decision of the board includes special conditions that were not part of the application or grants less water than the amount requested. Only the applicant can contest the decision of the Board. Everyone else has to do so during the 20 day comment period.