Laserfiche WebLink
<br />e <br /> <br />d, Staff Investigation. After receiving the request to inundate, the Staff may seek the <br />recommendations ef.from the Division df Wildlife, Division of Parks and Outdoor <br />Recreation, Division of Water Resource~, United States Department of Agriculture <br />and United States Department of Interior, i <br /> <br />e. Reauired Infonnation, In any written request to inundate, the requesting person shall <br />at a minimum include infonnation on the following factors: the location of the <br />inundation, the size of the inundation, i impact of the inundation on the natural <br />environment, any unique or rare characteristics of the ISF retteh 61" lakewater right to <br />be inundated, any regulatory requiremen$ or conditions imposed upon the applicant <br />by federal, state and/or local govemm~nts, all tenns and conditions included in <br />applicant's water court decree, and any' compensation offered by the j*lftyperson <br />proposing the inundation. . <br /> <br />f. Detennination of Interference, Prior to consideration of the request to inundate, the <br />Board shall determine whether the proposed inundation interferes with an ISF right. <br />When making this determination, the Bbard shall consider, without limitation, the <br />extent of inundation proposed and the !impact of the proposed inundation on the <br />natural environment existing prior to the \nundation. e <br /> <br />g. Consideration of Request to Inundate. . If the Board detennines that a proposed <br />inundation interferes with an ISF right, the Board may then approve, approve with <br />conditions, defer, or deny the request to inundate. In making this decision, the Board <br />shall consider all relevant factors, incl\1ding, but not limited to (1) the extent of <br />inundation proposed; (2) the impact of the proposed inundation on the natural <br />environment existing prior to the inund~tion; (3) the degree to which the beds and <br />banks adjacent to the ISF right subject; to the inundation are publicly or privately <br />owned; (4) the economic benefits arising from the inundation; (5) the benefits to <br />recreation and downstream ISF segments arising from the inundation; (6) the degree <br />to which the proposed inundation will allow development of Colorado's allotment of <br />interstate waters as detennined by comp~ct or adjudication; and, (7) any mitigation or <br />compensation offered to offset adverse i~pacts on the ISF right. After considering all <br />relevant factors, the Board shall take oile of the actions set forth in SeetieaG Rules <br />7,h. -7.k. below. <br /> <br />h. Approval. If the Board approves the request to inundate, any Statement of Opposition <br />filed by the Board shall be withdrawn. <br /> <br />e <br /> <br />20 <br />