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<br />7~~ <br /> <br />nDft~T <br />~h~~- <br /> <br />. <br /> <br />. <br /> <br />prove a request to interfere with the Board's IFNL right by <br />inundation on a case-by-case basis after considering without <br />limitation the following factors: The size of the proposed <br />inundation, the location of the inundation, any unique or rare <br />characteristics of the IFNL right to be inundated, public com- <br />ment, impact of the inundation on the environment, regulatory <br />requirements or conditions imposed upon the applicant by all fed- <br />eral, state, and local governments, all terms and conditions in <br />applicant's water court decree, and compensation offered by the <br />party proposing the inundation. <br /> <br />8.31 Conditional Approval. <br />request to inundate by requiring certain <br />be performed prior to approval. Failure <br />will be a ground for denial. <br /> <br />8.32 Deferral. When appropriate to protect the IFNL <br />right and to avoid duplicative governmental oversight, the Board <br />may defer making the inundation appproval/denial decision until <br />all other governmental bodies have imposed regulatory terms and <br />conditions on applicant's water project. <br /> <br />The Board may approve a <br />conditions precedent to <br />to perform any condition <br /> <br />8.40 Denial of Request to Inundate. Requests for permis- <br />sion to inundate may be denied for one of the following reasons: <br /> <br />. <br /> <br />8.41 The IFNL right to be inundated is unique, rare <br />or irreplaceable. <br /> <br />8.42 The inundation would have an adverse impact on <br />any species of plant or animal listed as being threatened or <br />endangered pursuant to State or Federal law. <br /> <br />8.43 The inundation would have an adverse impact on <br />any stream reach listed as a wild and/or scenic river under fed- <br />eral law. <br /> <br />, <br />8.44 No compensation would be adequate for the <br />injury caused by the inundation. <br /> <br />8.45 No compensation acceptable to the Board has <br />been proposed by applicant. <br /> <br />8.50 Remedies The Board may resort to any legal or equi- <br />table remedy to which it is entitled including without limitation <br />the remedies set forth below to prevent or remedy interference <br />with its IFNL rights by the proposed inundation. <br /> <br />8.51 Injunctive or other equitable relief to prevent <br /> <br />-11- <br /> <br />. <br />