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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History and Background of ISF Rule 7
Impetus for addressing inundation of ISF water rights formally:
. Board had filed SOPs to proposed inundations in several cases
. One case was set for trial, scarking the question of what Board's
policy on inundation should e.
. In early 1990, CWCB Director Bill McDonald requested public input
on two questions:
- "Whether the Board should file Statements of Opposition to
applications for conditional storage rights if the conditional right
sought would result in inundation of a stream :p'ment upon
which the Board holds an ISF appropriation, an ,
- Were statements of opposition to be filed, what terms and
conditions it can and should seek to protect its ISF
appropriation?"
. This re~uest initiated the len~th~ public process leading to adoption
of the I F Rules, including I F ule 7.
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Issues Raised in Public Rulemaking Process
. Wide range of opinions on how the Board should treat inundation
. Assertions of water development interests:
- Inundation is never injury.
- The Board has no statutory authority to prevent inundation.
- Proposed rule constituted a "taking."
. Assertions of environmental advocates:
- Inundation alwavs constitutes injury to an ISF water right.
- The Board has no statutory authority to allow such injury.
. During public review period, questions raised on the constitutionality
and legality of the proposed rule regarding inundation

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