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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filed a Statement of Opposition to the absolute or conditional
water right application prior to July 1 0, 1990; or

(4) any inundation of an ISF reach by water that does not h~ve
an absolute or conditional water right if the inundation
occurred prior to July 10, 1990.

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7c. Request to Inundate. Any person seeking permission to inundate shall timely
submit a written request for permission to inundate to the Board Office. No
requests for inundation will be considered or approved until the person
seeking permission to inundate files a water court application outlining their
storage plans or files plans and specifications with the State Engineer for a
jurisdictional dam pursuant to ~37-87-105, C,R.S, The Board will consider the
r;equest to inundate in a timely manner. ;
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7d. Staff Investioation. After receiving the request to inundate, the Staff may
seek the recommendations from the Division of Wildlife, Division of Parks and
Outdoor Recreation, Division of Water Resources, United States Department
of Agriculture and United States Department of Interior.
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7e. Required Information. In any written request to inundate, the requesting
person shall at a minimum include information on the following factors: the
location of the inundation, the size of th~ inundation, impact of the inundation
on the natural environment, any unique or rare characteristics of the ISF .
water right to be inundated, any regulatory requirements or conditions
imposed upon the applicant by federal; state and/or local governments, all
terms and conditions included in applicant's water court decree, and any
compensation or mitigation offered by th~ person proposing the inundation.

7f. Determination of Interference. In response to the request to inundate, the
Board shall determine whether the proposed inundation interferes with an ISF
right. When making this determination, the Board shall consider, without
limitation, the extent of inundation proposed and the impact of the proposed
inundation on the natural environment e~isting prior to the inundation.

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7g. Consideration of Request to Inundate; If the Board determines that a
proposed inundation interferes with an ISF right, the Board may then approve,
approve with conditions, defer, or deny the request to inundate. In making this
decision, the Board shall consider all ,relevant factors, including, but not
limited to (1) the extent of inundation proposed; (2) the impact of the
proposed inundation on the natural environment existing prior to the
inundation; (3) the degree to which the peds and banks adjacent to the ISF
right subject to the inundation are publicly or privately owned; (4) the
economic benefits arising from the inundation; (5) the benefits to recreation
and downstream ISF segments arising from the inundation; (6) the degree to
which the proposed inundation will allow development of Colorado's ,allotment .

Exhibit 1