19 ‎(4)‎

• Board Meeting Date: 9/17/2008
• Description: ISF Section - Instream Flow Rules Revision Update
• Board Meetings - Doc Type: Memo

I ISF Rule 8.e - De Minimis Rule September 8, 2008 Draft
(Changes to July 2008 Draft shown in bold)
8e. De Minimis Rule. In the event that Staff determines a water court
application would result in a 1 percent depletive effect or less on the
stream reach or lake subject of the ISF right, and the stream reach or lake
has not been excluded from this rule pursuant to Rules 8f. or 8h., Staff
shall determine whether to file a Statement of Opposition. Staff's decision
not to file a Statement of Opposition does not constitute (1) acceptance by
the Board of injury to any potentially affected ISF water ri hg t or (2) a
waiver of the Board's right to place an administrative call for any ISF
water rig t.
(1) If Staff does not ale a Statement of Opposition, Staff shall notify
the Division Engineer for the relevant water division that it has not filed a
Statement of Opposition, but may place an administrative call for the
potentially affected ISF water right(s), which call could be enforced
against the water right(s) subject of the application by the Division
Engineer in his or her enforcement discretion. Staff also shall mail a letter
to the applicant at the address provided on the application notifying the
applicant: (a) of Staff's decision not to file a Statement of Opposition
pursuant to this Rule; (b) that the CWCB may place a call for its ISF water
,.
rights to be administered within the prior appropriation system; and (c)
that the Division Engineer's enforcement of the call could result in
curtailment or other administration of the subject water right(s).
(2) If Staff files a Statement of Opposition, Staff shall seek Board
ratification ' ' ' '
by identifying and summarizing the Statement of Opposition on the
._ ._
Board meeting consent agenda pursuant to Rule 8c.
8f. Cumulative Impact. In determining existence of a de minimis impact,
Staff shall consider the existence of all previous de minimis impacts on the
same stream reach or lake. If the combined total of all such impacts
exceeds 1 percent, then Staff will file a Statement of Opposition
~~~~ ° n° ~ ~r;,~",~; n r~l~regardless of the individual depletive effect of
-1 1 J
and application.
8g. Notification of Staff Action. At a Board meeting following a Staff
determination to apply the De Minimis rule, the Staff shall notify the
Board about the factual basis leading to its application of the De Minimis
rule.
8h. Exclusion from De Minimis Rule. The Board may at any time exclude any
stream reach or lake, or any portion thereof, from application of the De
Minimis rule.