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I ISF Rule 8.e - De Minimis Rule May 20, 2008 ISF Rules Workshop <br />8e. De Minimis Rule. In the event that Staff determines a water court <br />application would result in a 1 percent depletive effect or less on the <br />stream reach or lake subject of the ISF right, and the stream reach or lake <br />has not been excluded from this rule pursuant to Rules 8f. or 8h., Staff <br />shall determine whether to file a Statement of Opposition. Staff's decision <br />to not file a Statement of Opposition does not constitute (1) acceptance by <br />the Board of injury to andpotentially affected ISF water ri h.~ t or (2) a <br />waiver of the Board's ri h,~place an administrative call for and <br />water rim Staff shall seek Board ratification of ~l~~any Statements <br />of Opposition filed by identifying and summarizing <br />such Statements of Opposition on the Board meeting consent agenda <br />pursuant to Rule 8 c . <br />z <br />8f. Cumulative Impact. In determining existence of a de minimis impact, <br />Staff shall consider the existence of all previous de minimis impacts on the <br />same stream reach or lake. If the combined total of all such impacts <br />exceeds 1 percent, then Staff will no longer apply the De Minimis rule <br />regardless of the individual depletive effect of that application. <br />8g. Notification of Staff Action. At a Board meeting following a Staff <br />determination to apply the De Minimis rule, the Staff shall notify the <br />Board about the factual basis leading to its application of the De Minimis <br />rule. <br />8h. Exclusion from De Minimis Rule. The Board may at any time exclude any <br />stream reach or lake, or any portion thereof, from application of the De <br />Minimis rule. <br />Attachment 1 <br />