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<br />e <br /> <br />e <br /> <br />e <br /> <br />7, II Yaml'la Ri'ier Basin, The conditional water rights arc located in the Yampa River Basin <br />and ...:ill be lolSed in the reoovery ef species that ha'ie been aetemlined to be threatened or <br />endangered pnrsuant to the federal "Endangered Species :\ot",]6 U8.C. Seo, ]533; <br /> <br />7.12 Recovery PrO~ratlL The conditional water rights arc a rocognized component of an <br />ongoing ,roco'lery program appro\'ed by the federal go'/emment to offset jeopar-dy to a <br />listed species er adverse moclification to critical habitat caused by water project <br />depletions; <br /> <br />7.13 Benefit BeY-Elnd Beard ISF "\)'lprepriation. The Board has aetennined that the acqHisition <br />of conditional water rights will provide belle fits to tne recovery program that would not <br />be available through initial appropriation by the Hoart!; and <br /> <br />7.11 Subiect to Colorado Law, }. change ofsllch conditional waterrights is subject to all other <br />provisions of Colorado law. <br /> <br />7. INUNDATION OF ISF RIGHTS. Inundation of all or a portion of an ISF stream reach or <br />lake may be an interference with the Board's usufructuary rights that have been acquired by <br />Board action. "Inundation" as used in this section is the artificial impoundment of water <br />within an ISF or natural lake; "inundation" does not refer to the use of a natural stream as <br />a conveyance channel as long as such use does not raise the waters ofthe stream above <br />the ordinary high watermark as defined in S 37-87-102 (l)(e), C.RS, (1990). <br /> <br />a. Small Inundations, The Staff shall not be required to file a Statement of Opposition to <br />applications proposing small inundations. Small inundations are those in which the <br />impoundment is 100 acre-feet or less, or the surface acreage of the impoundment is <br />20 acres or less, or the dam height of the structure is 10 feet or less, The dam height <br />shall be measured vertically from the elevation of the lowest point of the natural <br />surface of the ground, where that point occurs along the longitudinal centerline of <br />the dam up to the flowline crest of the spillway ofthe dam. <br /> <br />(1) Staff may file a Statement of Opposition to inundations described in this <br />section if it determines that the ISF right or natural environment will be <br />adversely affected by the inundation, <br /> <br />(2) All structures proposed by any applicant on a stream reach shall be <br />accumulated for the purpose of determining whether the inundations <br />proposed by the applicant are small inundations, In the event the cumulative <br />surface acreage, volume impounded, or dam height of all impoundments <br /> <br />17 <br />