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9.20 Ratification of Statements of Opposition. At a Board meeting following the filing of the <br />Statement of Opposition, the Staff shall apprise the Board of the filing of a Statement of <br />Opposition and the factual basis for the Staff action. At that time, the Board shall ratify the filing, <br />disapprove the filing, or table the decision to a future meeting if more information is needed prior <br />to making a decision. <br />9.21 Notice Prior to ratification of a Statement of Opposition, the Staff shall mail the applicant a <br />copy of the Board memorandum concerning the ratification and a copy of the agenda of the <br />meeting in which the ratification will be considered. Following a Board action considering a <br />Statement of Opposition, the Staff shall notify the applicant and/or its attorney in writing of the <br />Board's action. <br />9.30 De Minimis Rule. In the event that Staff determines a water court application would result in a 1 <br />percent depletive effect or less on the stream reach or lake subject of the ISF right and the <br />stream reach or lake has not been exempted from this rule pursuant to Sections 9.31 or 9.33, <br />no Statement of Opposition shall be filed. <br />9.31 Cumulative Impact In dete existence of a de minimi impact, Staff shall consider the <br />existence of all previous de minimi impacts on the same stream reach or lake and if the <br />combined total of all such impacts exceeds 1 percent, then Staff will no longer apply the de <br />minimi rule regardless of the individual depletive effect of that application. <br />9.32 Notification of Staff Action. At a Board meeting following a Staff determination to apply the de <br />minimi rule, the Staff shall notify the Board about the factual basis leading to its application of <br />the de minimis title. <br />9.33 Exemption from De Minimis Rule The Board may at any time exempt any stream reach or lake, <br />or any portion thereof, from application of the de minimi rule. <br />9.40 Pretrial Resolution Staff may negotiate a pretrial resolution of any injury or interference issue <br />that is the subject of a Statement of Opposition. The Board shall review the pretrial resolution <br />pursuant to the following procedures: <br />9.41 No Injury. In the event the pretrial resolution includes terms and conditions preventing injury or <br />interference and does not involve a modification, or acceptance of injury or interference with <br />mitigation, the Board is not required to review and ratify the pretrial resolution. Staff may <br />authorize its counsel to sign any court documents necessary to finalize this type of pretrial <br />resolution without Board ratification. <br />f:3 <br />