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<br />Channels from the point of diversion to the point of return to Trout Creek, varies from 300 to <br />1,200 feet, and diversions into the Channels will cumulatively aflect approximately 2,700 feet of <br />the Trout Creek ISF reach. <br /> <br />The Channels provide additional aquatic habitat, including deep water fish refuge, in Trout <br />Creek. SUlface diversions from Trout Creek into the Channels will be limited to the period from <br />May 1 to October 15, with no surface diversions occurring during the period from October 16 to <br />April 30. Mr. Nearburg's application claims a diversion rate of 1 c.f.s. for each of the Channels. <br />However, these diversions will be made in series; water diverted by each Channel will return to <br />Trout Creek above the inlet to the next downstream Channel, so the total maximum impact to the <br />Trout Creek ISF reach will never exceed 1 c.f.s.. <br /> <br />To further minimize any potential impact to the natural environment of Trout Creek, the <br />Channels will divert at a rate of less than 1 c.f.s. when f10ws in Trout Creek drop below specific <br />amounts, and all diversions into the Channels will cease when the gaged f10w in Trout Creek is <br />less than or equal to 15 c.f.s. Specifically, surface diversions into the Channels will be limited as <br />follows: <br /> <br />When the total native f10w in Then surface diversions into <br />Trout Creek at the gage is the Channels (in series) shall <br />greater than or equal to (cfs): not exceed (cfs): <br />26 1 <br />25.9 0.9 <br />25.8 0.8 <br />25.7 0.7 <br />25.6 0.6 <br />15.5 - 25.5 0.5 <br />15.4 0.4 <br />15.3 0.3 <br />15.2 0.2 <br />15.1 0.1 <br /> <br />No diversions will be made when f10ws at the gage are less than or equal to 15 cfs. <br /> <br />Under the foregoing schedule, the f1ow-through diversions into the Channels, for recreation, <br />piscatorial, and fish and wildlife habitat purposes, will never exceed 3.8% of the f10w in Trout <br />Creek. In addition, no diversions will occur when f10ws are less than or equal to 15 c.f.s., a rate <br />at which two out of the three CWCB hydraulic criteria for instream f10ws are exceeded. <br /> <br />As part of the injury with mitigation proposal, Mr. Nearburg will install a gage with a continuous <br />recorder in Trout Creek immediately above the point of diversion for the Rankin Reservoir <br />Headgate (which is above all diversion points associated with this proposal), and will calibrate, <br />maintain and replace the gage as may be reasonably required to administer the terms of the <br />stipulation and decree. <br /> <br />In addition to being filled via the above-described direct f10w diversions from Trout Creek, the <br />Channels also most likely will intercept ground water tributary to Trout Creek. Such ground <br />water will provide a necessary source of water for fish habitat during the winter (October 16 to <br /> <br />3 <br />