Laserfiche WebLink
8.11 Staff Investigation. After receiving the request to inundate, the Staff may seek the <br />recommendations of the Division of Wildlife, Division of Parks and Outdoor Recreation, <br />Division of Water Resources, United States Department of Agriculture and United States <br />Department of Interior. <br />8.12 Required Information. In any written request to inundate the requesting person shall at a <br />minimum include information on the following factors: the location of the inundation, the size of <br />the inundation, impact of the inundation on the natural environment, any unique or rare <br />characteristics of the ISF reach or lake to be inundated, any regulatory requirements or <br />conditions imposed upon the applicant by federal, state and/or local governments, all terms and <br />conditions included in applicant's water court decree, and any compensation offered by the <br />party proposing the inundation. <br />8.20 Detemnination of Interference. Prior to consideration of the request to inundate, the Board shall <br />determine whether the proposed inundation interferes with an ISF right. When making this <br />determination, the Board shall consider without limitation the extent of inundation proposed and <br />the impact of the proposed inundation on the natural environment existing prior to the <br />inundation. <br />8.30 Consideration of Request to Inundate If the Board determines that a proposed inundation <br />interferes with an ISF right, the Board may then approve, approve with conditions, defer, or <br />deny the request to inundate. In making this decision, the Board shall consider all relevant <br />factors, including, but not limited to (1) the extent of inundation proposed; (2) the impact of the <br />proposed inundation on the natural environment existing prior to the inundation; (3) the degree <br />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 <br />recreation and downstream ISF segments arising from the inundation; (6) the degree to which <br />the proposed inundation will allow development of Colorado's allotment of interstate waters as <br />determined by compact or adjudication; and, (7) any mitigation or compensation offered to <br />offset adverse impacts on the ISF right. After considering all relevant factors, the Board shall <br />take one of the actions set forth in Sections 8.31 -8.34 below. <br />8.31 Approval. If the Board approves the request to inundate, any Statement of Opposition filed by <br />the Board shall be withdrawn. <br />8.32 Conditional Approval. The Board may require certain conditions to be performed prior to <br />approval. Failure to perform any condition will be a reason for denial. <br />ML <br />