Laserfiche WebLink
<br />6. Whirling disease BMPs. Mr. Nearburg agrees to confer with the DOW concerning best <br />management practices for the Trout Creek Fishery Channel Nos. 1-5 structures to reduce the <br />spread of whirling disease <br /> <br />Staff anticipates that the parties will work to refine the above-listed terms and conditions and <br />incorporate them into a stipulation and the resulting water court decree, along with standard <br />protective terms and conditions related to the other aspects of Mr. Nearburg's application. <br /> <br />Based upon a review of the reports prepared by Black Creek Hydrology and Wright Water <br />Engineers and upon staff's and the DOW's site visit to Trout Creek, it appears that Charles <br />Nearburg's habitat improvements and stream restoration work on Trout Creek support the <br />conclusion that the natural environment of Trout Creek can continue to be preserved to a <br />reasonable degree under the conditions described herein as a result of the mitigation provided by <br />Mr. Nearburg. Staff and the Attorney General's Office have consulted with the Division <br />Engineer on this proposal. The Division Engineer has concluded that this proposal is <br />administrable specifically because, in this particular case, the stipulation will not result in a <br />selective call or subordination because no other junior water rights exist on the subject reach of <br />Trout Creek. <br /> <br />Staff Recommendation <br />As stated above, injury with mitigation is a two-meeting process. At the first meeting, the Board <br />may "conduct a preliminary review of the pretrial resolution during any regularly scheduled <br />meeting to determine whether the natural environment could be preserved to a reasonable degree <br />with the proposed injury or interference if applicant provided mitigation." At a subsequent <br />meeting, the Board may "take final action to ratify, refuse to ratify or ratify with additional <br />conditions. " <br /> <br />Staff recommends that the Board: <br /> <br />1) Make the preliminary determination that the natural environment of Trout Creek could be <br />preserved to a reasonable degree with the proposed injury if Charles Nearburg provides the <br />proposed mitigation. <br /> <br />2) Provide comments to Staff on the proposal and identify any issues that Charles Nearburg and <br />Staff should address before bringing the proposal to the Board for final approval. <br /> <br />Attachments <br /> <br />6 <br />