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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of interstate waters as determined by compact or adjudication; and, (7) any
mitigation or compensation offered to offset adverse impacts on the ISF right.
After considering all relevant factors, the Board shall take one of the actions
set forth in Rules 7h. - 7k. below.

7h. Approval. If the Board approves the request to inundate, any Statement of
Opposition filed by the Board shall be withdrawn.

7i. Conditional Approval. The Board may require certain conditions to be
performed prior to approval. Failure to perform any condition will be a reason
for denial.

7j. Deferral. When it appears that other governmental agencies may impose
terms and conditions upon the issuance of a permit to construct a facility
which will cause an inundation, the Board may defer consideration of the
request to inundate until all other governmental bodies have finalized the
permit or approval conditions.

7k. Denial of Request to Inundate. Requests for permission to inundate may be
denied if in the discretion of the Board the request is inconsistent with the
goals of the ISF Program. The Board may decide to deny a request for
permission to inundate if it finds:

(1 )

No compensation or mitigation would be adequate for the
injury caused by the inundation; or

(2) No compensation or mitigation acceptable to the Board has
been proposed by applicant; or

(3) The proposed inundation is inconsistent with the goals of the
ISF Program.

71. Remedies, The Board may seek any administrative, legal or equitable remedy
through state courts (including water courts), federal courts, city, county, state
or federal administrative proceedings to resolve actual or proposed inundation
of its ISF rights.

7m. Board Has Sole Rioht to Protect ISF RiQhts from Interference. Only the
Board may seek to prevent interference with an ISF right by inundation and
only the Board may seek compensation or mitigation for such interference.

7n. Public Review Process. The Board shall follow the public review process in
Rules 11 a. - 11 c. prior to any Board decision on a request to inundate an ISF
right.

Exhibit 1