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• Board Meeting Date: 3/18/2008
• Description: ISF Section - Injury with Mitigation - Case No. 3-99CW34 - Application of Charles Nearburg
• Board Meetings - Doc Type: Memo

Extent of proposed injury
The five structures that are the subject of this injury with mitigation proposal are known as the
Trout Creek Fishery Channel Nos. 1 through 5 (the "Channels"). In general, the Channels will
be constructed with one or more ponds located along the course of each channel. Surface water
diverted into the Channels will flow through and return to Trout Creek. The length of the
Channels from the point of diversion to the point of return to Trout Creek, varies from 300 to
1,200 feet, and diversions into the Channels will cumulatively affect approximately 2,700 feet of
the Trout Creek ISF reach.
The Channels provide additional aquatic habitat, including deep water fish refuge, in Trout
Creek. Surface diversions from Trout Creek into the Channels will be limited to the period from
May 1 to October 15, with no surface diversions occurring during the period from October 16 to
April 30. Mr. Nearburg's application claims a diversion rate of 1 c.f.s. for each of the Channels.
However, these diversions will be made in series; water diverted by each Channel will return to
Trout Creek above the inlet to the next downstream Channel, so the total maximum impact to the
Trout Creek ISF reach will never exceed 1 c.f.s..
To further minimize any potential impact to the natural environment of Trout Creek, the
Channels will divert at a rate of less than 1 c.f.s. when flows in Trout Creek drop below specific
amounts, and all diversions into the Channels will cease when the gaged flow in Trout Creek is
less than or equal to 15 c.f.s. Specifically, surface diversions into the Channels will be limited as
follows
When the total native flow in
Trout Creek at the gage is
greater than or equal to (cfs): Then surface diversions into
the Channels (in series) shall
not exceed (cfs):
26 1
25.9 0.9
25.8 0.8
25.7 0.7
25.6 0.6
15.5 - 25.5 0.5
15.4 0.4
15.3 0.3
15.2 0.2
15.1 0.1
No diversions will be made when flows at the gage are less than or equal to 15 cfs.
Under the foregoing schedule, the flow-through diversions into the Channels, for recreation,
piscatorial, and fish and wildlife habitat purposes, will never exceed 3.8% of the flow in Trout
Creek. In addition, no diversions will occur when flows are less than or equal to 15 c.f.s., a rate
at which two out of the three CWCB hydraulic criteria for instream flows are exceeded.
As part of the injury with mitigation proposal, Mr. Nearburg will install a gage with a continuous
recorder in Trout Creek immediately above the point of diversion for the Rankin Reser~~oir
Headgate (which is above all diversion points associated with this proposal), and will calibrate,
maintain and replace the gage as may be reasonably required to administer the terms of the
stipulation and decree. The gage must be installed prior to operating under the schedule above.