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-3- <br />interested parties on finalizing the proposal and bring it back to the Board for final action <br />at a subsequent Board meeting. <br />4. Factors the Board May Consider in Evaluating Proposed Mitigation <br />The Board will consider the factors set forth below when evaluating Injury with Mitigation <br />proposals, with the following caveats: Because injury with mitigation proposals may involve <br />unique factual situations, the Board may wish to consider additional factors in specific cases. <br />Further, evaluation of each Injury with Mitigation proposal will require the exercise of <br />professional judgment regarding the specific facts of the proposal. <br />a. Extent of the proposed injury <br />1) Location of injury -affected stream(s) and length of affected reach(es) <br />2) Amount, timing and frequency of shortage(s) to the affected ISF water right(s) <br />3) Potential impact to the natural environment of the affected stream reach from such <br />shortages <br />b. Benefits of the mitigation to the natural environment <br />1) How does the mitigation benefit the existing natural environment of the affected <br />stream? <br />2) What is the scientific justification for accepting the mitigation? <br />3) Will the mitigation enable the Board to continue to preserve or improve the natural <br />environment of the subject stream to a reasonable degree? <br />c. Evaluation of proposed alternatives. This evaluation applies both to alternatives <br />explored to provide full protection of the potentially affected ISF water right, and to <br />mitigation alternatives <br />1) Availability of on-site mitigation alternatives <br />2) Technical feasibility of each alternative <br />3) Environmental benefits and consequences of each alternative <br />4) Economic benefits and consequences of each alternative <br />5) Reasonableness of alternatives <br />5. Terms and Conditions to Be Included in Injury with Mitigation Case <br />Resolutions <br />The Board has directed Staff to use its best efforts to include the following terms and <br />conditions in stipulations and water court decrees that document an Injury with Mitigation <br />pretrial resolution. <br />a. A provision that the proponent will not divert water or take any other action that would <br />reduce flows in the affected stream below the decreed ISF amount until the agreed-upon <br />mitigation measures are in place and fully operational. <br />b. A requirement that the structural components of the mitigation be maintained <br />permanently. <br />c. A provision allowing CWCB or DOW staff access to the property on which structural <br />components of the mitigation are located to inspect the structures at certain time intervals, <br />Flood Protection • Water Project Planning and Finance ~ Stream and Lake Protection <br />Water Supply Protection • Conservation Planning <br />