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Page 3 the inundation of the CWCB's instream flow. In the inundation request, the District states that it will seek a Section 404 Permit, but does not know "whether or not a Section 404 Permit could be obtained for the Project...." Inundation Request, p. 4. The District conducted a preliminary wetlands study within the area to determine the probability of obtaining a Section 404 Permit, but the District concedes that the investigation is only "preliminary and additional studies will be necessary in the future." Inundation Request, p. 4. The District also admits that the "exact amount of Project depletions are not known at this time." Inundation Request, pp. 5 -6. "The actual depletions will depend upon the end use and will be assessed during the District's continuing review of the Morrison Creek Reservoir." Inundation Request, p. 6. The District also has not submitted plans and specifications with the State Engineer for a jurisdictional dam pursuant to section 37 -87 -105, C.R.S. (2009), and its storage plan submitted to the court is negligible, thus not fully complying with Rule 7c. Since the District concedes that its studies are preliminary and its depletions are unknown, the extent of this possible inundation of the CWCB's instream flow right by Morrison Creek Reservoir is still not known with any precision, and the inundation request is premature at this time. Third, the Board should wait to hear the inundation request until there is adequate information from the permitting process to determine the effects of the inundation on the ISF and any mitigation imposed by section 37 -60- 122.2. The District and the CWCB will learn much about the details of the reservoir and appropriate mitigation only after the permitting process has begun. After the District has applied for its permit, which is likely a permit subject to the requirements of section 37 -60- 122.2, both the Colorado Division of Wildlife ( "CDOW ") and the CWCB will have to review a mitigation plan proposed by the District. Further, in every inundation request, the CWCB shall consider "any mitigation or compensation to offset the adverse impacts on the ISF right." Rule 7g. Further, the Board may deny a request for inundation if "[n]o compensation or mitigation would be adequate for the injury" caused by the inundation. Rule 7k. Thus, reviewing proposed mitigation now, without having the benefit of the full details of the reservoir and its effects to the natural environment, is not a judicious use of the CWCB's time and resources. Neither Staff nor the CDOW are able to evaluate this inundation request because the extent of the possible inundation of the CWCB's instream flow right on Morrison Creek Reservoir is not known with precision at this time. It is premature for the Board to consider inundation of its instream flow right on Silver Creek. Finally, as set forth in the stipulation, the extent of the inundation of the CWCB's instream flow right as it relates to the proposed Morrison Creek Reservoir is still not known with precision at this time, and thus, the Board should wait until the permitting process is further along to determine the appropriate mitigation needed to continue to protect the natural environment to a reasonable degree despite the inundation. However, if the Board desires to hear the inundation request outside of the terms of the stipulation or without the benefit of knowing the mitigation requirements imposed under section 37- 60- 122.2, it should give Staff more time to investigate the request because the District has provided inadequate information to evaluate such request at this time.