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<br />(2) In the event that no Statement of Opposition is filed pursuant to the tenns of <br />this section, the Board shall be deemed to have approved the inundation <br />proposed without a request by the applicant. <br /> <br />7b. Aoolication of Rule 7. The provisioI)s of this rule will not be applied to the <br />following water rights: <br /> <br />(1) any absolute or conditional water right that is senior to an ISF right; <br /> <br />(2) any senior conditional water right that seeiks a finding of reasonable diligence; <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 right 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 inundation e,ccurred prior to July 10, 1990. <br /> <br />7 c. Reauest to Inundate. Any person seeking pennission to inundate shall timely submit <br />a written request for pennission to inundate to the Board Office. No requests for <br />inundation will be considered or approved until the person seeking pennission to <br />inundate files a water court application o\ltlining their storage plans or files plans and <br />specifications :with the State Engineer fpr a jurisdictional dam pursuant to ~37-87. <br />105, C.R.S. The Board will consider the request to inundate in a timely manner. <br /> <br />7d. Staff Investigation. After receiving the 'request to inundate, the Staff may seek the <br />recommendations from the Division of Wildlife, Division of Parks and Outdoor <br />Recreation, Division of Water Resourc~s, United States Department of Agriculture <br />and United States Department ofInteriort <br /> <br />7e. Reauired Infonnation. In any written request to inundate, the requesting person shall <br />at a minimum include infonnation on; the folllowing 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 water right to be <br />inundated, any regulatory requirements or condilions imposed upon the applicant by <br />federal, state and/or local govemments, all tenus and conditions included in <br />applicant's water court decree, and any: compensation or mitigation offered by the <br />person proposing the inundation. ' <br /> <br />7f. Detennination of Interference. In response to thel request to inundate, the Board shall <br />detennine whether the proposed inundation interferes with an ISF right. When <br />making this determination, the Board shall consider, without limitation, the extent of <br />inundation proposed and the impact of the proposed inundation on the natural <br />environment existing prior to the inundation. <br /> <br />17 <br />