BOARD02509

• Board Meeting Date: 7/9/1992
• Description: Agenda or Table of Contents, Minutes, Memos. Partial.
• Board Meetings - Doc Type: Meeting

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interference by inundation or to remedy interference by inunda-
tion.

8.52 Damages done to the Board IFNL right by the

inundation.

8.60 Board has sole right to protect IFNL rights from
interference. Only the Board may seek to prevent interference
with an IFNL right by inundation and only the Board may seek com-
pensation for such interference.

9.00 Protection of IFNL decrees.

9.10
resumes of
r igh t. The
sibili ty of

Resume Review. Staff shall review the monthly
all water divisions in which the Board has an IFNL
Staff shall evaluate each resume entry for the pos-
injury or interference to an IFNL right.

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9.11 In the event Staff identifies a water right ap-
plication in the resume that may possibly injure a Board IFNL
right, the Staff shall seek the assistance of the Attorney
General's Office in order to file a statement of opposition to
that application.

9.20 Ratification of Statements of Opposition. At a
Board meeting following the filing of the statement of opposi-
tion, the Staff shall apprise the Board of the filing of a state-
ment of opposition and the factual basis for Staff's action. At
that time, the Board shall ratify the filing, disapprove the
filing, or table the decision to a future meeting if more infor-
mation is needed prior to making a decision.

9.21 Following a Board action considering a state-
ment of opposition, the Staff shall notify the applicant or its
attorney in writing of the Board's action and the Staff or Attor-
ney General's Office contact person on the case.

9.30 De Minimus Rule. In the event that Staff determines
that a water court application would have a 1 percent depletive
effect or less (referred to as de minimus impact) on the reach or
lake subject of the IFNL decree, the Staff may forego filing a
statement of opposition.

9.31 In determining existence of a de minimus
impact, Staff shall consider the existence of all previous de
minimus impacts on the same stream reach or lake and if the com-
bined total of all such impacts exceeds 1 percent, then the pres-
ent application may not be considered de minimus regardless of

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