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Last modified
8/16/2009 2:57:12 PM
Creation date
10/4/2006 6:48:47 AM
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Board Meetings
Board Meeting Date
1/22/2003
Description
Workshop - Proposed Changes to the Instream Flow Rules
Board Meetings - Doc Type
Other
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<br />e <br /> <br />e <br /> <br />e <br /> <br />1. Conditional Approval. The Board may require certain conditions to be performed prior <br />to approval. Failure to perform any condition will be a reason for denial. <br /> <br />J, Deferral. When it appears that other governmental agencies may impose terms and <br />conditions upon the issuance of a permit to construct a facility which will cause an <br />inundation, the Board may defer consideration of the request to inundate until all <br />other governmental bodies have finalized the permit or approval conditions, <br /> <br />k. Denial of Request to Inundate. Requests for permission to inundate may be denied if <br />in the discretion of the Board the request is inconsistent with the goals of the ISF <br />Program, The Board may decide to deny a request for permission to inundate if it <br />finds: <br /> <br />(1) No compensation would be adequate for the injury caused by the inundation; or <br /> <br />(2) No compensation acceptable to the Board has been proposed by applicant; or <br /> <br />(3) The proposed inundation is inconsistent with the goals of the ISF Program. <br /> <br />1. Remedies. The Board may seek any administrative, legal or equitable remedy through <br />state courts (including water courts), federal courts, city, county, state or federal <br />administrative proceedings to resolve actual or proposed inundation of its ISF rights. <br /> <br />m. Board Has Sole Right to Protect ISF Rights from Interference. Only the Board may <br />seek to prevent interference with an ISF right by inundation and only the Board may <br />seek compensation for such interference, <br /> <br />n, Public Review Process, The Board shall follow the public review process in SeetioRs <br />Rules I1.a - ll.c prior to any Board decision on a request to inundate an ISF right. <br /> <br />8. PROTECTION OF ISF DECREES. The Board delegates the day-to-day management and <br />administration of the ISF Program to Staff. Staff shall seek ratification of its decisions as set <br />forth in Rules 8.c., 8.i., and 8.j. <br /> <br />a, Resume Review, Staff shall review the monthly resumes of all water divisions-m <br />which the Beanl has ISF rights. The Staff shall evaluate each resume entry for the <br />possibility of injury or interference to an ISF right. <br /> <br />21 <br />
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