Administrative Record 12-22

• Year: 2009
• Instream Flow Rules - Doc Type: Rulemaking Hearings

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ISF Rule 8.e - De Minimis Rule
(Changes to Julv 2008 Draft shove n in bold)
September 8, 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 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 constinite (1} acceptance by
the Board of in~urt- to any potentially affected ISF «~ater right or {~`) a
t~-aiyer of the Board's right to place an administrati~°e Lail for anti° 1SF
~.~.=ater ri~rl~t.
1 } If Stab does not file a Statement of Opposition. Staff shall notifti°
the Divisio~~ En¢ineer for the rele~-ant t~•ater division that it has not tiled a
Statement of Opposition, but ma~° place an administrative call for the
potentially affected ISF ~;-ater right(s). ~,~-hich call could be enforc~l
against the ~;-ater rightts} subject of the application b~- 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 notif~;~in~ the
applicant: (al of Staffs decision oat to file a Statement of O~p asition
pursuant to this Rule: (b} that the Ct't'CB may place a call for its ISF «•ater
rights t~? be administered within the prior appropriation s~~stzm: and Vic)
that the Division Engineer's enforcement of the call could result in
cui~tail~r~Lnt or caller administration cif tl~e subject hater ri htt s ).
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~) If Staff files a Statement of Opposition. Staff shall seek Board
ratification i`~ nor ~r~rrr'rz=-~za~°~ :r~t~(12R
r
~~ 11t= identift-ing and summarizing the Statement of apposition on the
Board meeting consent agendapursuant tc~ 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 #ile a Statement of Opp~~sition n~ '
~- ~ ~ regardless of the individual depletive effect of
and application.
8g. I~Totification 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.
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