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spread of whirling disease, and to take reasonable actions to implement the DOW's <br />recommendations to prevent the spread of whirling disease. (The second part of this sentence <br />was added since January 2008 to address concerns raised by the Board). <br />Staff anticipates that the parties will finalize the attached stipulation and incorporate its terms <br />and conditions into the resulting water court decree. Staff and Mr. Nearburg's representatives <br />are in the process of negotiating additional standard protective terms and conditions related to the <br />other aspects of Mr. Nearburg's application that will be included in a separate stipulation. <br />Staff and the Attorney General's Office have consulted with the Division Engineer on this <br />proposal. The Division Engineer has concluded that this proposal is administrable specifically <br />because, in this particular case, the stipulation will not result in a selective call or subordination <br />because no other junior water rights exist on the subject reach of Trout Creek. <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. Consequently, Staff recommends that the Board <br />1. Determine that the natural environment of Trout Creek could be preserved to a <br />reasonable degree with the proposed injury if Charles Nearburg provides the proposed <br />mitigation. <br />2. Authorize staff and the Attorney General's Office to enter into a stipulation with Charles <br />Nearburg implementing the injury with mitigation proposal as approved by the Board that <br />also includes terms and conditions that are fully protective of the Board's instream flow <br />water rights related to the other aspects of this water court application. <br />Attachments <br />