Laserfiche WebLink
the elevation of the lowest point of the natural surface of the ground, where that point occurs <br />along the longitudinal centerline of the dam up to the flowline crest of the spillway of the dam. <br />(a) Staff may file a Statement of Opposition to inundations described in this section if it <br />determines that the ISF right or natural environment will be adversely affected by the inundation. <br />(b) All structures proposed by any applicant on a stream reach shall be accumulated for the <br />purpose of determining whether the inundations proposed by the applicant are small inundations. <br />In the event the cumulative surface acreage, volume impounded, or dam height of all <br />impoundments exceed the definition of a small inundation, Staff may file a Statement of <br />Opposition to that application. <br />(c) In the event that no Statement of Opposition is filed pursuant to the terms of this section, the <br />Board shall be deemed to have approved the inundation proposed without a request by the <br />applicant. <br />8.02 Application of Section 8. The provisions of Section 8 will not be applied to the following water <br />rights: <br />(a) any absolute or conditional water right that is senior to an ISF right; or <br />(b) any senior conditional water right that seeks a finding of reasonable diligence; or <br />(c) any junior absolute or conditional water right which was decreed prior to July 10, 1990, or <br />had an application for decree pending prior to July 10, 1990, unless the Board had filed a <br />Statement of Opposition to the absolute or conditional water night application prior to July 10, <br />1990; or <br />(d) any inundation of an ISF reach by water that does not have an absolute or conditional water <br />right if the inundation occurred prior to July 10, 1990. <br />8.10 Request to Inundate Any person seeking permission to inundate shall timely submit a written <br />request for permission to inundate to the Board Office. No requests for inundation will be <br />considered or approved until the Party seeking permission to inundate files a water court <br />application outlining their storage plans or files plans and specifications with the State Engineer <br />for a jurisdictional dam pursuant to § 37 -87 -105 CKS. (1990). The Board will consider the <br />request to inundate in a timely manner. <br />15 <br />