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Last modified
8/16/2009 3:00:55 PM
Creation date
10/4/2006 6:53:58 AM
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Template:
Board Meetings
Board Meeting Date
11/25/2002
Description
ISF Section - Stream and Lake Protection Section Proposed Instream Flow Rulemaking
Board Meetings - Doc Type
Memo
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<br />e <br /> <br />Program. The Board may decide to deny a request for permission to inundate if it <br />finds: <br /> <br />(1) No compensation would be adequate for the injury caused by the inundation; or <br /> <br />(2) No compensation acceptable to the Board has been proposed by applicant; or <br /> <br />(3) The proposed inundation is inconsistent with the goals of the ISF Program. <br /> <br />1. Remedies. The Board may seek any administrative, legal or equitable remedy through <br />state courts (including water courts), federal courts, city, county, state or federal <br />administrative proceedings to resolve actual or proposed inundation of its ISF rights. <br /> <br />m. Board Has Sole Right to Protect ISF Ri\lhts from Interference. Only the Board may <br />seek to prevent interference with an ISF ,right by inundation and only the Board may <br />seek compensation for such interference. <br /> <br />n. Public Review Process. The Board shall follow the public review process in 8eetiol1s <br />Rules 11.a - ll.c prior to any Board decision on a request to inundate an ISF right. <br /> <br />8. PROTECTION OF ISF DECREES. The Board delegates the day-to-day management and e <br />administration of the ISF Program to Staff. Staff shall seek ratification of its decisions as set <br />forth in Rules 8.c., 8.k, 8.1, and 8.ml <br /> <br />a. Resume Review. Staff shall review the: monthly resumes of all water divisions in <br />which the Board has ISF rights. The Staff shall evaluate each resume entry for the <br />possibility of injury or interference to an ISF right. <br /> <br />b. Statement of Opoosition. In the event Staff identifies a water right application in the <br />resume that may injure or interfere with an ISF right, tfie-Staff shall file a Statement <br />of Opposition to that application. <br /> <br />c. Ratification of Statements of Oooosition, At a Board meeting following the filing of <br />the Statement of Opposition, tfie-Staff, shall apprise the Board of the filing of a <br />Statement of Opposition and the factual 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 /> <br />e <br /> <br />20 <br />
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