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ISF Rule 8.e De Minimis Rule November 10 , 2008 Draft ( No changes from September 2008 draft) 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 ru le pursuant to Rules 8f. or 8h., Staff shall determine whether to file a Statement of Opposition. not to file a Statement of Opposition does not constitute (1) acceptance by the Board of injury to any potentially affected ISF water right o r (2) a waiver of the Board water right . (1) If Staff does not file a Statement of Opposition, Staff shall notify the Division Engineer for the relevant water division that it has not filed a Statemen t 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 n otify ing the t atement of Oppos i tion pursuant to this Rule; (b) that the CWCB may place a call for its ISF water rights t o be administered with in the prior appropriation system; and (c) that 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 s hall seek Board ratification identify any Statements of Opposition filed pursuant to this rule by identifying and summarizing the Statement of Opposition on the Board meeting consent agenda pursuant to Rule 8c . 8f. Cumulative Impact . In determining ex istence 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 no longer ap ply the De Minimis rule regardless of the individual depletive effect of an that 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 fact ual 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.