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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ISF Rule 7

7. INUNDATION OF ISF RIGHTS. Inundation of all or a portion of an ISF
stream reach or lake may be an interference with the Board's usufructuary
rights that have been acquired by Board action. "Inundation" as used in this
section is the artificial impoundment of water within an ISF or natural lake;
"inundation" does not refer to the use of a natural stream as a conveyance
channel as long as such use does not raise the waters of the stream above
the ordinary high watermark as defined in 937-87-102 (1)(e), C.R.S.

7a. Small Inundations. Staff may file a Statement of Opposition to inundations
described in this section if it determines that the ISF right or natural
environment will be adversely affected by the inundation. The Staff shall not
be required to file a Statement of Opposition to applications proposing small
inundations. Small inundations are those in which the impoundment is 100
acre-feet or less, or the surface acreage of the impoundment is 20 acres or
less, or the dam height of the structure is 10 feet or less, The dam height shall
be measured vertically from the elevation of the lowest point of the natural
surface of the ground, where that point occurs along the longitudinal
centerline of the dam up to the flowline crest of the spillway of the dam,

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(1) All structures proposed by any applicant on a stream reach shall
be accumulated for the purpose of determining whether the
inundations proposed by the applicant are small inundations. In
the event the cumulative surface acreage, volume impounded,
or dam height of all impoundments exceed the definition of a
small inundation, Staff may file a Statement of Opposition to that
application.

(2) In the event that no Statement of Opposition is filed pursuant to
the terms of this section, the Board shall be deemed to have
approved the inundation proposed without a request by the
applicant.

7b. Application of Rule 7. The provisions of this rule will not be applied to the
following water rights:

(1 )
ISF right;

any absolute or conditional water right that is senior to an

(2)

any senior conditional water right that seeks a finding of
reasonable diligence;

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(3) any junior absolute or conditional water right which was
decreed prior to July 10, 1990, or had an application for
decree pending prior to July 10, 1990, unless the Board had

Exhibit 1