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BOARD00168 (2)
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BOARD00168 (2)
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Last modified
8/16/2009 2:46:14 PM
Creation date
7/6/2007 10:38:53 AM
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Board Meetings
Board Meeting Date
5/22/2007
Description
ISF Section - ISF Rule 7 - Inundation of ISF Rights
Board Meetings - Doc Type
Memo
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<br />regulation, or water right administration regulation separate from existing state water <br />right administration practices. . <br /> <br />The Board will not seek to prevent inundation of its ISF rights by absolute or conditional <br />water rights that are senior to the ISF right proposed to be inundated. The Board will not <br />apply these inundation rules to oppose an application for a finding of reasonable <br />diligence by a senior conditional right. The Board began its inundation policy on July 10, <br />1990. The Board will not apply the inundation rules to water users with absolute or <br />conditional water rights decreed prior to July 10, 1990 nor will the inundation rules apply <br />to applicants for absolute or conditional water'rights with applications pending prior to <br />July 10, 1990 unless the Board had filed a Statement of Opposition to the application <br />prior to July 10, 1990. The Board has adopted this policy in order that these rules not <br />disrupt the expectations of persons who had appropriated water on ISF reaches prior to <br />adoption of this policy. A summary of the Board's policy on applying these inundation <br />rules is provided in the following table: <br /> <br />T e of Water Ri ht <br /> <br />Prior to Jul 10, 1990 <br /> <br />After Jul 10, 1990 <br /> <br />Senior absolute decree <br /> <br />Exem t <br /> <br />Exempt <br /> <br />Senior absolute A lication <br /> <br />Exem t <br /> <br />Exem t <br /> <br />. <br /> <br />Senior conditional decree <br /> <br />Exem ~ <br /> <br />Exem t <br /> <br />Senior conditional <br />application <br /> <br />Exempt: <br /> <br />Exempt <br /> <br />Junior absolute decree <br /> <br />Exem t. <br /> <br />Rules A I * <br /> <br />Junior absolute a lication <br /> <br />Rules A I * <br /> <br />Rules A I * <br /> <br />Junior conditional decree <br /> <br />Exem t <br /> <br />Rules A I * <br /> <br />Junior conditional <br />application <br /> <br />Rules Apply* <br /> <br />Rules Apply* <br /> <br />Undecreed inundation <br /> <br />Exempt' <br /> <br />Rules A I * <br /> <br />* Unless the Board did not file a Statement of 0 osition. <br /> <br />If the Board has determined that a proposed inundation will interfere with an ISF right it <br />will then decide whether any terms or conditions could be imposed that would resolve . <br />the Board's concerns about the impact of the: proposed inundation on its ISF right. <br /> <br />Exhibit 3 <br />
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