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BOARD01568
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BOARD01568
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Last modified
8/16/2009 3:03:19 PM
Creation date
10/4/2006 6:57:49 AM
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Board Meetings
Board Meeting Date
5/19/2003
Description
Agenda
Board Meetings - Doc Type
Agenda
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<br />7m. Board Has Sole Ril!bt to Protect ISF Ril!bts from Interference. Only the Board may <br />seek to prevent interference with an ISFright by inundation and only the Board may <br />seek compensation or mitigation for such interference. <br /> <br />7n. Public Review Process. The Board shall follow the public review process in Rules <br />11a. - 11c. prior to any Board decision on a requclst to inundate an ISF right. <br /> <br />8. PROTECTION OF ISF APPROPRIATIONS. The Board delegates the day-to-day <br />management and administration of the ISF Program to Staff. Staff shall seek ratification of its <br />decisions as set forth in Rules 8c., 81., and 8j. <br /> <br />8a. Resume Review. Staff shall review the monthly resumes of all water divisions. The <br />Staff shall evaluate each resume entry for the possibility of injury or interference to <br />an ISF right. <br /> <br />8b. Statement of Oooosition. In the event Staff identifies a water right application in the <br />resume that may injure an ISF right, Staff shall file a Statement of Opposition to that <br />application. In the event Staff identifies a water right application in the resume that <br />may interfere with an ISF right as contemplated in Rule 7, Staff may file a Statement <br />of Opposition to that application. <br /> <br />8c. Ratification of Statements of Oooosition. At a Board meeting following the filing of <br />the Statement of Opposition, Staff shall apprise the Board of the filing of a Statement <br />of Opposition and the factual basis for the Staff action. At that time, the Board shall <br />ratifY the filing, disapprove the filing, or table the decision to a future meeting if <br />more infonnation is needed prior to making a dec:ision. <br /> <br />8d. Notice. Prior to ratification of a Stateroent of Opposition, the Staff shall mail the <br />applicant a copy of the Board memorandum concerning the ratification and a copy of <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 />8e. De Minimis Rule. In the event that Stat;!' detennines a water court application would <br />result in a 1 percent depletive effect or less on the stream reach or lake subject of the <br />ISF right, and the stream reach or Illke has not belen excluded from this rule pursuant <br />to Rules 8f. or 8h., Staff shall determine whethcir to file a Statement af Opposition. <br />Staff shall identifY any Statements of Opposition filed pursuant to this rule on the <br />Board meeting consent agenda. <br /> <br />8f. <br /> <br />Cumulative Imoact. In detennining elliistence of a de minimis impact, Staff shall <br />consider the existence of all previous d~ minimis impacts on the same stream reach <br />or lake. If the combined total ofall such:impacts exceeds I percent, then Staff will no <br />longer apply the De Minimis rule regardless of the individual depletive effect of that <br />application. . <br /> <br />19 <br /> <br />r <br /> <br />~ <br /> <br />J <br />\ <br />
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