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<br />. <br /> <br />. <br /> <br />. <br /> <br />j. The Board may take final action at the hearing( s) or continue the hearing <br />and/or deliberations to a date certain. <br /> <br />k. Board hearings may be recorded by a reporter or by an electronic <br />recording device. Any Party requesting a transcription of the hearing(s) <br />shall be responsible for the cost of the transcription. <br /> <br />6j. <br /> <br />:Board Action to Acauire Water. Water Rights 01' Interests in Water. The Board shall <br />consider the acquisition during any regular or special meeting of the Board. At the <br />Board meeting, the Board shall consider all presentations or comments of Staff or <br />any other person. After such consideration, the Board may acquire, acquire with <br />limitations, or reject the proposed acquisition. <br /> <br />6k. <br /> <br />Water Court Proceedinl):. In the event water, water rights or interests in water <br />acquired by the Board are not decreed for ISF uses to preserve or improve the natural <br />environment to a reasonable degree, the Board may authorize the Attorney General to <br />file a watl?r court application to change the decreed type of use and place of use of <br />the water, water rights or interests in water acquired by the Board. The Board may <br />pursue joint applications to change a water right with the owner of any water, water <br />right, or interests in water. The Water Court shall determine matters that are within <br />the scope of ~37-92-30S, c.R.S., which may inc:lude injury and the potential impact <br />of the change upon return flows. <br /> <br />7. INUNDA TlON OF ISF RIGHTS. Inundation of all or a portion of an ISF stream reach or lake <br />may be an interference with the Board's usufructuary rights that have been acquired by Board <br />action. "Inundation" as used in this section is the artificial impoundment of water within an ISF <br />or natural lake; "inundation" does not refer to the use of a natural stream as a conveyance <br />channel as long as such use does not raise the waters of the stream above the ordinary high <br />watennark as defined in ~37-87-102 (l)(e), C.R.S. <br /> <br />7a. Small Inundations. Staff may file a Statement of Opposition to inundations described <br />in this section if it determines that the ISF right PI natural environment will be <br />adversely affected by the inundation. The Staff shall not be required to file a <br />Statement of Opposition to applications proposing small inundations. Small <br />inundations are those in which the impoundmllnt is 100 acre-feet or less, or the <br />swrface acreage of the impoundment is 20 acres or less, or the dam height of the <br />structure is 10 feet or less. The dam height shall be measured vertically from the <br />elevation of the lowest point of the natural surface of the ground, where that point <br />occurs along the longitudinal centerline of the dam up to the flowline crest of the <br />spillway of the dam. <br /> <br />(I) <br /> <br />All structures proposed by any appliclant on a stream reach shall be <br />accumulated for the purpose of detenuining whether the inundatious <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 />exceed the definition of a small inundation, Staff may file a Statement of <br />Opposition to that application. <br /> <br />16 <br /> <br />I~ <br />