BOARD00168 ‎(2)‎

• Board Meeting Date: 5/22/2007
• Description: ISF Section - ISF Rule 7 - Inundation of ISF Rights
• Board Meetings - Doc Type: Memo

rights. The Legislative Committee requested that the Board pursue these two
matters through a formal rule-making process. .

July 1990 - December 1991: CWCB directed staff to undertake, at the Board's
direction, the promulgation of rules dealing with the entire ISF program, including
the issue of inundation,

January 1992 - November 1992: Board review and discussion of proposed
rules at regular and special Board meetings. At the November 1992 Board
meeting, the Board voted to form a Subcommittee to work with staff and the AG's
office to prepare a public review draft of th~ proposed rules. The Subcommittee
met in December 1992, February 1993 and April 1993 to discuss and revise the
proposed rules.

March - April 1993: Public review of draft Rules. Public meetings held around
the state. Separate presentation to Water Congress. Numerous (nearly 40)
written comments were received.

September 9, 1993: The Attorney Gene~al's Office issued an informal legal
opinion regarding the "Constitutionality and Legality of Rules and Regulations
Concerning the ISF Program." During the public review period, some members
of the water development community had I questioned the constitutionality and
legality of the rules regarding both inundation and the acquisition of conditional
water rights. .

,
From the opinion, "The proposed [inundation] regulations are the product of
seven years of debate in which the issue i has been discussed at regular and
special Board meetings. ... In conclusion, the rules do not violate or modify and
existing statute.. ..The rules do not amount to a taking because all economic use
is not denied and the inundation is prohibited by underlying provisions of water,
tort and property law."

November 10, 1993: Rulemaking hearing at which Board adopted the Rules.
I

December 30, 1993: Effective date of Rules,

.

Exhibit 2