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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 />b. Statement of Opposition. In the event Staff identifies a water right application in the <br />resume that may injure an ISF right, or may interfere with an ISF right as defined <br />in Rule 7, the-Staff shall file a Statement of Opposition to that application. <br /> <br />c. Ratification of Statements of Opposition, At a Board meeting following the filing of <br />the Statement of Opposition, tft&-.Staff shall apprise the Board of the filing of a <br />Statement of Opposition and the factu.al basis for the Staff action. At that time, the <br />Board shall ratify the filing, disapprove the filing, or table the decision to a future <br />meeting if more information is needed prior to making a decision. <br /> <br />d. Notice, Prior to ratification of a Statement of Opposition, the Staff shall mail the <br />applicant a copy of the Board memorandum concerning the ratification and a copy of <br />the agenda of the meeting in which the ratification will be considered. Following a <br />Board action considering a Statement of Opposition, the Staff shall notify the <br />applicant and/or its attorney in writing of the Board's action. <br /> <br />e. De Minimis Rule. In the event that Staff determines a water court application would <br />result in a I percent depletive effect or less on the stream reach or lake subject of the <br />ISF right and the stream reach or lake has not been exempted excluded from this rule <br />pursuant to 8eetiElas Rules 8.f. or 8.h., no 8tatem6!'lt Elf OppElSit-iElR shall be filed. .. <br />Staff shall determine whether to file a Statement of Opposition. _ <br /> <br />f. Cumulative hnoact. In determining existence of a de minimis impact, Staff shall <br />consider the existence of all previous de minimis impacts on the same stream reach <br />or lake. -ill'ld-liJ the combined total of all such impacts exceeds I percent, then Staff <br />will no longer apply the aDe mMinimis rule regardless of the individual depletive <br />effect of that application. <br /> <br />g, Notification of Staff Action. At a Board meeting following a Staff determination to <br />apply the Dde Mminimis rule, the Staff shall notify the Board about the factual basis <br />leading to its application of the Dde Mminimis rule, <br /> <br />h.El,emptieR Exclusion from De Minimis Ru1e. The Board may at any time eXellipt <br />exclude any stream reach or lake, or any portion thereof, from application of the Dee <br />Mminimis rule. <br /> <br />i. Pretrial Resolution. Staff may negotiate a pretrial resolution of any injury or <br />interference issue that is the subject of a Statement of Opposition. The Board shall <br />review the pretrial resolution pursuartt to the following procedures: <br /> <br />e <br /> <br />22 <br />
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