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Revised Opposition to the Prehearing Statement of the Upper Yampa Water Conservancy District Page 3 of 6 By way of the Stipulation and resulting Decree, the CWCB and the District agreed that the permitting process was the appropriate time for the District to submit an inundation request. The timing of the District's request is material because it is relevant to the amount of information regarding operation of the Reservoir available to District and the CWCB, including terms and conditions imposed by other permitting agencies, operating criteria, and the timing of construction. That the CWCB requested a term in the Stipulation and Decree regarding the timing of the District's inundation request illustrates the importance to the CWCB of obtaining information about other permit terms and conditions prior to addressing the request. Furthermore, it is not clear at this stage whether the District will successfully obtain all necessary permits to construct the Reservoir. C The CWCB may not consider the District's inundation request until the District has outlined their storage plans in a water court application orfiledplans and specificationsfor ajurisdictional dam with the State Engineer, pursuant to CR.S. § 37-87-105. ISF Program Rule 7c states that "no requests for inundation will be considered or approved until the Person seeking permission to inundate files a water court application outlining their storage plans or files plans and specifications with the State Engineer for a jurisdictional dam pursuant to §37-87-105, C.R.S." The District filed a water court application and obtained a decree approving the storage of water in Morrison Creek Reservoir in Case No. 07CW61. That application and decree do not, however, outline the District's storage plans to a sufficient degree to satisfy Rule 7c. The District must, therefore, file plans and specifications for a jurisdictional dam with the State Engineer before the CWCB can consider its inundation request, which the District admitted at the prehearing conference it has not yet done. Storage plan information must be provided by the filing of plans and specifications with the State Engineer to satisfy Rule 7c. The information may not merely be submitted within the inundation request, as the District has attempted, because the applicant is not necessarily bound to those plans. The ISF Program Rules specifically requires either a water court application stating the storage plans or a filing of plans and specifications with the State Engineer. By such means, the CWCB is assured that the applicant is committed to the described plans. The District may not circumvent this explicit requirement of Rule 7c. The stipulation between the CWCB and the District and resulting decree in Case No. 07CW61, further supports that the District must file plans with the State Engineer prior to submitting an inundation request. The stipulation states that "[t]he extent of... inundation of the CWCB's instrearn flow right as it relates to the proposed Morrison Creek Reservoir is not known with precision at this time." (emphasis added). This language explicitly acknowledges that the application and decree do not contain sufficient information regarding the proposed Reservoir-to establish the extent of inundation of the Silver Creek ISF. Instead, per the stipulation and decree, the District is to obtain other necessary permits — including those required by the State Engineer — before filing its inundation request. The CWCB simply does not have sufficient information at this time to adequately consider the District's request.