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-4- <br />and, if necessary, to perform biological stream monitoring. This provision shall clearly <br />define the reasonable nature, extent and timing of such access (i.e, advance notice, dates, <br />times or season of access, coordination with proponent, and location and routes of <br />access). <br />d. A term providing that if the proponent ceases to provide the agreed upon mitigation (such <br />as removing structural components or failing to maintain them to a specified level, or <br />ceasing to implement non-structural components), that the proponent will not divert water <br />or take any other action that would reduce flows in the affected stream below the decreed <br />ISF amount-in other words, the Board would no longer accept the injury because the <br />mitigation no longer would be in effect. <br />e. A term providing that the water court will retain jurisdiction to enforce the provisions of <br />the stipulation as a water matter. <br />f. A requirement that the proponent install (or commit to pay operation and maintenance <br />costs if the CWCB installs) any measuring devices deemed necessary by the Division <br />Engineer to administer the terms of the stipulation and decree implementing the Injury <br />with Mitigation pretrial resolution. <br />g. Where applicable, a statement that the proponent's use of its water rights (or other <br />relevant acts) shall not be deemed to injure the ISF water right due to the mitigation <br />provided by the proponent. <br />6. Circumstances Under Which Off site Mitigation Might Be Acceptable <br />The Board will consider off site mitigation as a last resort and only will consider <br />mitigation in an area other than the affected stream reach if no reasonable alternative exists for <br />mitigation on the affected stream reach. Factors that the Board might consider in looking at such <br />a proposal include the degree and frequency of impact to the affected stream, the environmental <br />benefits provided to the off site stream by the mitigation and whether the proposal could, in <br />effect, constitute a modification of the ISF water right on the affected stream or result in a <br />selective subordination of the affected ISF water right. <br />Flood Protection • Water Project Planning and Finance ~ Stream and Lake Protection <br />Water Supply Protection • Conservation Planning <br />