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<br />7 g. Consideration of ReQuest to Inundate. If the Board detennines 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 detennined 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 Rules 7h. - 7k. <br />below. <br /> <br />7h. Aooroval. If the Board approves the request to inundate, any Statement of <br />Opposition filed by the Board Shall be withdrawn. <br /> <br />7i. Conditional Aooroval. The Board may require certain conditions to be perfonned <br />prior to approval. Failure to perform any condition will be a reason for denial. <br /> <br />7j. <br /> <br />Deferral. When it appears that other governmental agencies may impose tenns 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 />. <br /> <br />7k. Denial of Request to Inundate. Requests for pennission to inundate may be denied if <br />in the discretion of the Board the request is inconsistent with the goals of the ISF <br />Program. The Board may decide to deny a request for permission to inundate if it <br />finds: . <br /> <br />(1) No compensation or mitigation would be adequate for the injury caused by <br />the inundation; or <br /> <br />(2) No compensation or mitigation acceptable to the Board has been proposed by <br />applicant; or <br /> <br />(3) The proposed inundation is inconsistent with the goals of the ISF Program. <br /> <br />71. <br /> <br />Remedies. The Board may seek any administrative, legal or equitable remedy <br />through state courts (including water courts), federal courts, city, county, state or <br />federal administrative proceedings to resolve actual or proposed inundation of its ISF <br />rights. <br /> <br />. <br /> <br />18 <br /> <br />I <br />