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<br />e <br /> <br />point occurs along the longitudinal centerline of the dam up to the flowline crest of <br />the spillway of the dam. <br /> <br />(1) Staff Hlay file a Statement ef Oppesitiofl to inundatioRs deGcribed in this seetiElfl <br />if it aetermines tflat the 18F right or natural ElfIvir-onmeHt will be adversely affected by <br />the in1indatien. <br />(1) ~All structures proposed by any applicant on a stream reach shall be <br />accumulated for the purpose of determining whether the inundations proposed <br />by the applicant are small inundations. In the event the cumulative surface <br />acreage, volume impounded, or dam height of all impoundments exceed the <br />definition of a small inundation, Staff may file a Statement of Opposition to that <br />application, <br /> <br />(2) ~In the event that no Statement of Opposition is filed pursuant to the terms of <br />this section, the. Board' shall be deemed to have approved the inundation <br />proposed without a request by the applicant. <br /> <br />e <br /> <br />b. Application of Rule 7SeetioR 8. The provisions of SeetioR 8 this rule will not be <br />applied to the following water rights: <br /> <br />(1) any absolute or conditional water right that is senior to an ISF right; ef <br /> <br />(2) any senior conditional water right that seeks a finding of reasonable diligence; <br />ef <br /> <br />(3) any junior absolute or conditional water right which was decreed prior to July <br />10, 1990, or had an application for decree pending prior to July 10, 1990, <br />unless the Board had filed a Statement of Opposition to the absolute or <br />conditional water might application prior to July 10, 1990; or <br /> <br />(4) any inundation of an ISF reach by water that does not have an absolute or <br />conditional water right ifthe inundation occurred prior to July 10, 1990. <br /> <br />c, ReQuest to Inundate. Any person seeking permission to inundate shall timely submit a <br />written request for permission to inundate to the Board Office. No requests for <br />inundation will be considered or approved until the Ppartyperson seeking <br />permission to inundate files a water court application outlining their storage plans <br />or files plans and specifications with the State Engineer for a jurisdictional dam <br />pursuant to 937-87-105, c.R.S. (1990). The Board will consider the request to <br />inundate in a timely manner. <br /> <br />e <br /> <br />19 <br />