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<br />e <br /> <br />inundated, any regulatory requirements or conditions imposed upon the applicant by <br />federal, state and/or local governments, all terms and conditions included in <br />applicant's water court decree, and any compensation offered by the !*If!Yperson <br />proposing the inundation. <br /> <br />f. Determination of Interference. Prior to consideration of the request to inundate, the <br />Board shall determine whether the proposed inundation interferes with an ISF right. <br />When making this determination, the Board shall consider, without limitation, the <br />extent of inundation proposed and the impact of the proposed inundation on the <br />natural environment existing prior to the inundation. <br /> <br />tit <br /> <br />g. Consideration of Request to Inundate. If the Board determines that a proposed <br />inundation interferes with an ISF right, the Board may then approve, approve with <br />conditions, defer, or deny the request to inundate. In making this decision, the Board <br />shall consider all relevant factors, including, but not limited to (1) the extent of <br />inundation proposed; (2) the impact of the proposed inundation on the natural <br />environment existing prior to the inundation; (3) the degree to which the beds and <br />banks adjacent to the ISF right subject to the inundation are publicly or privately <br />owned; (4) the economic benefits arising from the inundation; (5) the benefits to <br />recreation and downstream ISF segments arising from the inundation; (6) the degree <br />to which the proposed inundation will allow development of Colorado's allotment of <br />interstate waters as determined by compact or adjudication; and, (7) any mitigation or <br />compensation offered to offset adverse impacts on the ISF right. After considering all <br />relevant factors, the Board shall take one of the actions set forth in Sections Rules 7.h <br />- 7.k below, <br /> <br />h. ApprovaL If the Board approves the request to inundate, any Statement of Opposition <br />filed by the Board shall be withdrawn. <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 /> <br />e <br /> <br />19 <br />