BOARD00168 ‎(2)‎

• 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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Board action.1 The Rule defines inundation as "the artificial impoundment of water
within an ISF or natural lake."

7a. Defines "small inundations" (impoundmentof 100 acre-feet or less, surface acreage
of impoundment 20 acres or less, or dam height 10 feet or less). Provides that staff
may, but is not required to, file a Statement of Opposition ("SOP") to applications
involving small inundations.

7b. Rule 7 will not be applied to (1) any absolute or conditional water right that is
senior to an ISF right; (2) any senior conditional water right that seeks a finding of
reasonable diligence; (3) any junior absolute or conditional water right that was decreed
or had an application pending prior to July 10, 1990, unless the Board had filed a SOP
to the absolute or conditional water right application prior to July 10, 1990; and (4) any
inundation of an ISF reach by water that does not have an absolute or conditional water
right if the inundation occurred prior to July 10, :1990.2

7e. Specifies how a person submits a request to inundate to the Board,

7d. After receiving a request to inundate, staff may seek recommendations from the
Division of Wildlife, Division of Parks and Outdoor Recreation, Division of Water
Resources, U.S. Department of Agriculture and: U.S. Department of Interior.

7e. Lists the minimum information that must be included in a request to inundate.

7f. In response to a request to inundate, the Board shall determine whether the
proposed inundation interferes with an ISF right, considering, without limitation, the
extent of inundation proposed and the impact of the proposed inundation on the natural
environment existing prior to the inundation,

7g. Identifies factors that the Board must consider if it determines that a proposed
inundation interferes with an ISF water right. Provides that after such consideration, the
Board may approve, approve with conditions, defer, or deny the request to inundate,
with each option addressed separately in Rules 7h--k.

7h. If the Board approves the request to inundate, any SOP filed by the Board shall
be withdrawn.

7i. Board may require certain conditions to be performed prior to approval, with
failure to perform any condition deemed a reason for denial.

7j. When applicable, the Board may defer 9onsideration of the request to inundate
until all other governmental bodies have finalized the permit or approval conditions
related to construction of the facility that will cause an inundation.

7k. Board may deny a request to inundate if it finds:

(1) No compensation or mitigation would be adequate for the injury
caused by the inundation; 9r

1 In this context, "usufructuary" refers to the Board's right!to use its ISF water right as decreed.
2 July 10, 1990 is the date the Board adopted a policy providing that statements of opposition would be
filed in all cases proposing to inundate an ISF water right, with the Board deciding on a case-by-case
basis whether to allow inundation and what terms and conditions it would require to protect the affected
ISF water rights. (See Exhibit 2, Chronology).

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