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<br />. <br /> <br />e <br /> <br />the agenda of the meeting in which the ratification will be considered, Following a <br />Board action considering a Statement of Opposition, the Staff shall notify the <br />applicant and/or its attorney in writing of the Board's action. <br /> <br />e. De Minimis Rule. In the event that Staff determines a water court application would <br />result in a I percent depletive effect or less on the stream reach or lake subject of the <br />ISF right and the stream reach or lake has not been eKeHlflted excluded from this rule <br />pursuant to Sections Rules 8.C. or 8.h, no Statement of Opposition sllaH be filed. <br />Staff shall determine whether to file a Statement of Opposition. <br /> <br />f. Cumulative Impact. In determining existence of a DEle mMinimis impact, Staff shall <br />consider the existence of all previous Ele-De minimis Minimis impacts on the same <br />stream reach or lake,-ana-liJ the combined total of all such impacts exceeds I <br />percent, then Staff will no longer apply the DEle mMinimis rule regardless of the <br />individual depletive effect of that application. <br /> <br />g. Notification of Staff Action. At a Board meeting following a Staff determination to <br />apply the Dde Mminimis rule, the Staff shall notify the Board about the factual basis <br />leading to its application ofthe Dde Mminimis rule. <br /> <br />e <br /> <br />h. Exemption Exclusion from De Minimis Rule, The Board may at any time exempt <br />exclude any stream reach or lake, or any portion thereof, from application of the Ode <br />Mminimis rule. <br /> <br />L Pretrial Resolution. Staff may negotiate a pretrial resolution of any injury or <br />interference issue that is the subject of a Statement of Opposition, The Board shall <br />review the pretrial resolution pursuant to the following procedures: <br /> <br />J. No Iniurv, In the event the pretrial resolution includes terms and conditions preventing <br />injury or interference and does not involve a modification, or acceptance of injury or <br />interference with mitigation, the Board is not required to review and ratify the pretrial <br />resolution, Staff may authorize its counsel to sign any court documents necessary to <br />finalize this type of pretrial resolution without Board ratification, <br /> <br />k No IniurvIModification, In the event the pretrial resolution addresses injury or <br />interference through modification of the existing ISF decree, the process set forth in <br />Section Rule ~ shall be followed prior to any Board decision to ratify the pretrial <br />resolution. <br /> <br />e <br /> <br />21 <br />