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Rules Concerning the Colorado Instream Flow and Natural Lake Level Program
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Rules Concerning the Colorado Instream Flow and Natural Lake Level Program
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Last modified
6/17/2010 2:39:21 PM
Creation date
6/16/2010 2:27:29 PM
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Water Supply Protection
Description
RICD
State
CO
Date
10/28/1999
Title
Rules Concerning the Colorado Instream Flow and Natural Lake Level Program
Water Supply Pro - Doc Type
Report/Study
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8.33 Deferra When it appears that other governmental agencies may impose terms and conditions <br />upon the issuance of a permit to construct a facility which will cause an inundation, the Board <br />may defer consideration of the request to inundate until all other governmental bodies have <br />finalized the permit or approval conditions. <br />8.34 Denial of Request to Inundate. Requests for permission to inundate may be denied if in the <br />discretion of the Board the request is inconsistent with the goals of the ISF Program. The Board <br />may decide to deny permission to inundate if it fords: <br />(a) No compensation would be adequate for the injury caused by the inundation; or <br />(b) No compensation acceptable to the Board has been proposed by applicant; or <br />(c) The proposed inundation is inconsistent with the goals of the ISF Program. <br />8.40 Remedies. The Board may seek any administrative, legal or equitable remedy through state <br />courts (including water courts), federal courts, city, county, state or federal administrative <br />proceedings to resolve actual or proposed inundation of its ISF rights. <br />8.50 Board Has Sole Right to Protect ISF Rights from Interference. Only the Board may seek to <br />prevent interference with an ISF right by inundation and only the Board may seek compensation <br />for such interference. <br />8.60 Public Review Process. The Board shall follow the public review process in Sections <br />12.00 -12.03 prior to any Board decision on a request to inundate an ISF right. <br />9.00 PROTECTION OF ISF DECREES. The Board delegates the day -to -day management and <br />administration of the ISF Program to Staff. Staff shall seek ratification of its decisions as set forth in <br />Rules 9.20, 9.42, 9.43, and 9.50. <br />9.10 Resume Review. Staff shall review the monthly resumes of all water divisions in which the <br />Board has ISF rights. The Staff shall evaluate each resume entry for the possibility of injury or <br />interference to an ISF right. <br />9.11 Statement of Opposition In the event Staff identifies a water right application in the resume that <br />may injure an ISF right, the Staff shall file a Statement of Opposition to that application. <br />17 <br />
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