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<br />. <br /> <br />. <br /> <br />e <br /> <br />. <br /> <br />Proposed Amendments to ISF Rules <br /> <br />recommendations for appropriation of a water right. <br /> <br />5.40 Final Board Action on lSF Recommendation. The Board may take final action <br />on the ISF recommendation at any regular or special meeting of the Board. At such meeting the <br />Board shall consider presentations of Staff, and all public and agency comments. After such <br />consideration, the Board may adopt, modify or reject the ISF recommendation. <br /> <br />5.50 Required Findinl!s. Before initiating a water right filing to confirm its <br />appropriation, the Board must make the following determinations: <br /> <br />5.51 Water Availabilitv. That the natural environment will be preserved to a <br />reasonable degree by the water available for the appropriation to be made. <br /> <br />5.52 Natural Environment. That there is a natural environment that can be <br />preserved to a reasonable degree with the Board's water right if granted. <br /> <br />5.53 Material Iniurv. That such environment can exist without material injury <br />to water rights. <br /> <br />5.60 Statement of Opposition. In the event that any person files a Statement of <br />Opposition to an ISF water right application, the Board may reduce the amouot of water sought <br />by the application, may reduce the length of the stream reach, may further segment the stream <br />reach or may agree to other terms and conditions associated with the water right sought in order <br />to address concerns expressed by opposers. This change in the application shall not be deemed <br />a modification that is required to follow the procedures in Section 10. <br /> <br />6.00 ACOUISITION OF WATER. WATER RIGHTS OR INTERESTS IN WATER FOR <br />INSTREAM FLOW PURPOSES. The Board may acquire water, water rights, or interests in <br />water for ISF purposes by the following procedures: <br /> <br />6.01 Means of Acquisition. The Board may acquire, by gift, grant, purchase, <br />bequest, devise, lease, exchange, or other contractual agreement, from or with any person, such <br />water, water rights, or interests in water as the Board determines may be required for minimum <br />stream flows or for natural surface water levels or volumes for natural lakes to preserve the <br />natural environment to a reasonable degree. <br /> <br />6.02 120 Dav Rule. At the request of any person, including any governmental <br />entity, the Board shall determine in a timely manner, not to exceed one huodred twenty days <br />uoless further time is granted by the requesting person, what terms and conditions the Board will <br />accept in a contract or agreement for the acquisition by the Board from such person of water, <br />water rights, or interests in water to be held by the Board for minimum stream flows to preserve <br />the' natural environment to a reasonable degree. <br /> <br />-3- <br />