AG Opinion

• Year: 2009
• Instream Flow Rules - Doc Type: Post Rulemaking Documents

7h. Approval.
If the Board approves the request to inundate. any Statement of Opposition filed by the Board shall be
withdrawn~
7i. Conditional Approval.
The Board may require certain conditions to be performed prior to approval. Failure to perform any
condition grill be a reason for denial.
7j. Deferral.
When it appears that other governmental agencies may impose terms and conditions upon the issuance
of a permit to construct a facility which will cause an inundation, the Board may defer consideration of the
request to inundate until all other governmental bodies have finalized the permit or approval conditions.
7k. Denial of Request to Inundate.
Requests for permission to inundate may be denied if in the discretion of the Board the request is
inconsistent ~~~ith the goa~s of the ISF Program. The Board may decide to deny a request for permission to
inundate if it f nds_
(1 j No compensation or mitigation would be adequate for the injury caused by the inundation: or
(2 No compensat~~on or ^~itigation acceptable to the Board has been proposed by applicant: or
(~~ The proposed inundation is inconsistent ~Y~;ith the goals of the ISF Program.
71. Remedies.
The Board may seek any adr~~inistrative, legal or equitable remedy through state courts (including water
courtsj. federal courts. city, county. state or federal administrative proceedings to resolve actual or
proposed inundation of its ISF rights.
7m. Board Has Sole Right to Protect ISF Rights from Interference.
Only the Board may seek to prevent interference with an ISF right by inundation and only the Board may
seek compensation or mitigation for such interference-
7n. Public Review Process.
The Board shall follow the public review process in Rules 11 a. - 11 c. prior to any Board decision on a
request to inundate an ISF right.
8. PROTECTION OF ISF APPROPRIATIONS.
The Board delegates the day-to-day management and administration of the ISF Program to Staff. Staff
shall seek ratification of its decisions as set forth in Rules 8c.: 8e.(2), 8i., and 8j.
8a. Resume Review.
Staff shall review the monthly resumes of all water divisions. The Staff shall evaluate each resume entry
for the possibility of injury or interference to an ISF right.
8b. Statement of Opposition.