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<br />e <br /> <br />exceed the definition of a small inundation, Staff may file a Statement of <br />Opposition to that application. <br /> <br />(3) In the event that no Statement of Opposition is filed pursuant to the terms of <br />this section, the Board shall be deemed to have approved the inundation <br />proposed without a request by the applicant. <br /> <br />b. Application of Rule 7 Seetion 8. The provisions of Section 8 this rulc will not be <br />applied to the following water rights: <br /> <br />(I) any absolute or conditional water right that is senior to an ISF right; or <br /> <br />(2) any senior conditional water right'that seeks a finding of reasonable diligence; <br />or <br /> <br />(3) any junior absolute or conditional.water right which was decreed prior to July <br />10, 1990, or had an application for decree pending prior to July 10, 1990, <br />unless the Board had filed a Statement of Opposition to the absolute or <br />conditional water [flight application prior to July 10, 1990; or <br /> <br />(4) any inundation of an ISF reach by water that does not have an absolute or <br />conditional water right if the inurtdation occurred prior to July 10, 1990. <br /> <br />e <br /> <br />c. Reauest to Inundate. Any person seekingipermission to inundate shall timely submit a <br />written request for permission to inundat~ to the Board Office. No requests for <br />inundation will be considered or approved until the EpartyPerson seeking <br />permission to inundate files a water court application outlining their storage plans <br />or files plans and specifications with the State Engineer for a jurisdictional dam <br />pursuant to ~ 37-87-105, C.R.S. (I 990). The Board will consider the request to <br />inundate in a timely manner. <br /> <br />d. Staff Investigation. After receiving the ~equest to inundate, the Staff may seek the <br />recommendations ef-from the Division of Wildlife, Division of Parks and Outdoor <br />Recreation, Division of Water Resourcek, United States Department of Agriculture <br />and United States Department of Interior. . <br /> <br />e. Reauired Information, In any written request to inundate, the requesting person shall <br />at a minimum include information on ,the following factors: the location of the <br />inundation, the size of the inundation" impact of the inundation on the natural <br />environment, any unique or rare characteristics of the ISF reach or lake to be <br /> <br />e <br /> <br />18 <br />