Laserfiche WebLink
(1) any absolute or conditional water right that is senior to an ISF right; <br />(2) any senior conditional water right that seeks a finding of reasonable diligence; <br />(3) any junior absolute or conditional water right which was decreed prior to July 10, 1990, or had an <br />application for decree pending prior to July 10, 1990, unless the Board had filed a Statement of <br />Opposition to the absolute or conditional water right application prior to July 10, 1990: or <br />(4) any inundation of an ISF reach by water that does not have an absolute or conditional water right <br />if the inundation occurred prior to July 10, 1990. <br />7c. Request to Inundate. <br />Any Person seeking permission to inundate shall timely submit a written request for permission to <br />inundate to the Board Office. No requests for inundation will be considered or approved until the Pperson <br />seeking permission to inundate files a water court application outlining their storage plans or files plans <br />and specifications with the State Engineer for a jurisdictional dam pursuant to §37-87-105, C.R.S. The <br />Board will consider the request to inundate in a timely manner. <br />7d. Staff Investigation. <br />After receiving the request to inundate, the Staff may seek the recommendations from the Division of <br />Wildlife, Division of Parks and Outdoor Recreation, Division of Water Resources, United States <br />Department of Agriculture and United States Department of Interior. <br />7e. Required Information. <br />• <br />In any written request to inundate, the requesting Pfferson shall at a minimum include information on the <br />following factors: the location of the inundation, the size of the inundation, impact of the inundation on the <br />natural environment, any unique or rare characteristics of the ISF water right to be inundated, any <br />regulatory requirements or conditions imposed upon the applicant by federal, state and/or local <br />governments, all terms and conditions included in applicant's water court decree, and any compensation <br />or mitigation offered by the Pperson proposing the inundation. <br />7f. Determination of Interference. <br />In response to the request to inundate, the Board shall determine whether the proposed inundation <br />interferes with an ISF right. When making this determination, the Board shall consider, without limitation, <br />the extent of inundation proposed and the impact of the proposed inundation on the natural environment <br />existing prior to the inundation. <br />7g. Consideration of Request to Inundate. <br />If the Board determines that a proposed inundation interferes with an ISF right, the Board may then <br />approve, approve with conditions, defer, or deny the request to inundate. In making this decision, the <br />Board shall consider all relevant factors, including, but not limited to (1) the extent of inundation proposed; <br />(2) the impact of the proposed inundation on the natural environment existing prior to the inundation; (3) <br />the degree to which the beds and banks adjacent to the ISF right subject to the inundation are publicly or <br />privately owned; (4) the economic benefits arising from the inundation; (5) the benefits to recreation and <br />downstream ISF segments arising from the inundation; (6) the degree to which the proposed inundation <br />will allow development of Colorado's allotment of interstate waters as determined by compact or <br />adjudication; and, (7) any mitigation or compensation offered to offset adverse impacts on the ISF right. <br />After considering all relevant factors, the Board shall take one of the actions set forth in Rules 7h. - 7k. <br />below. <br />• <br />