Administrative Record 23-30

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

In the event Staff identifies a water right application in the resume that may injure an ISF right, Staff shall
file a Statement of Opposition to that application. In the event Staff identifies a water right application in
the resume that may interfere with an ISF right as contemplated in Rule 7, Staff may file a Statement of
Opposition to that application.
8c. Ratification of Statements of Opposition.
At a Board meeting following the filing of the Statement of Opposition, Staff shall apprise the Board of the
filing of a Statement of Opposition and the factual basis for the Staff action. At that time, the Board shall
ratify the filing, disapprove the filing, or table the decision to a future meeting if more information is
needed prior to making a decision.
8d. Notice.
Prior to ratification of a Statement of Opposition. the Staff shall mail the applicant a copy of the Board
memorandum concerning the ratification and a copy of the agenda of the meeting in which the ratification
will be considered. Following a Board action considering a Statement of Opposition, the Staff shall notify
the applicant and/or its attorney in writing of the Board's action.
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 nct to file a Statement of Oppositicn does not constitute: {1 }acceptance by
the Board f inlurv to any potentiall~d affected ISF ~~vater riaht_ or (~; a waiver cf the Board's riaht to place
an administrative cal! for arv ISF ~,rrater right.
1 i If Staff does not file a Statement cf O- rosition. Staff shall noti -the Dir.,ision En ineer for
the relevant :tiater division that it has not filed a Statement of Opposition. but that it maV place an
administrative call for the otentialh,~ affected (SF ~,A~ater rightts. Such a call could be enforced
against the water right(sa subiect of the application by the Division En ;ineer in his or her
enforcement discretion. Staff also shat mail a letter to the applicant at the address provided on
the application rotifyinq the applicant: iai of Staff`s decisien not to file a Statement of Opposition
ursuant to this Rule: 'b ~ that the C`-~~ICB ma- (ace a call for its ISF ~~vater ri hts tc be
administered r~,~ithin the prior appropriation system: and (c- that the Division Enaineers
enforcement of the call could result in curtailment or other administration of the suh~ect ~~fater
riuhtt s;.
_2 If Staff fies a Statement of Opposition, Staff shall seep. Board ratification b~,~ identifi,~ina and
summar;z;nq the Statement of ~Jpposittc^ i-~antifir -, n., C+ntoryi _n+ .,f nnn^ ~+~.,,, f-~~i ~ .- ~:--.,+ ~..
thi••s-rule 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 ~^^.=~ +~,o no n!!in;m< <~,~~ regardless of
the individual depletive effect of ~a#-an 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.
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