ISFRulesWkshpMemo

• Board Meeting Date: 5/20/2008
• Description: ISF Section - Proposed Revisions to ISF Rules Workshop
• Board Meetings - Doc Type: Other

STATE OF COLORADO
Colorado Water Conservation Board
Department of Natural Resources
1313 Sherman Street, Room 721
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
www.cwcb.state.co.us
MEMORANDUM
l~l lJ l~l Bill Owens
Governor
Colorado Water Conservation Board Members
To : Russell George
Executive Director
From: Dan Merriman and Linda Bassi Rod Kuharich
CWCB Director
Stream and Lake Protection Section
Rick Brown
Acting Deputy
Date: May S, 2006 Director
Re: Instream Flow Subcommittee's Recommendations on Implementation of ISF
Rule 8.i(3) -Injury with Mitigation
This memo summarizes the Instream Flow Subcommittee's discussions and conclusions and
presents the Subcommittee's recommendations on the implementation of ISF Rule 8i.(3) (Injury
with Mitigation). The Subcommittee discussed Injury with Mitigation at its January and March
2006 meetings. The Colorado Water Conservation Board concurred with the Subcommittee's
recommendations at its May 16-17, 2006 meeting. This memo has been updated to reflect that
action.
1. Goal of an Injury with Mitigation Case Resolution
The goal of an Injury with Mitigation resolution is to provide mitigation that enables the
CWCB to continue to preserve or improve the natural environment to a reasonable degree
in spite of the injury. The plain language of ISF Rule 8i.(3) states this goal: "...the pretrial
resolution will allow injury or interference to an ISF right, but mitigation offered by the applicant
would enable the Board to accept the injury or interference while continuing to preserve or
improve the natural environment to a reasonable degree..."
2. Basic Assumptions Regarding Injury With Mitigation Proposals
The following statements summarize the apparent intent of the CWCB in 1993 when it first
adopted the Injury with Mitigation rule, and were reaffirmed by the Board at its May 2006
meeting.
a. In an Injury with Mitigation case resolution, the Board accepts less than full protection of
an Instream flow ("ISF") water right, but no reduction or segmentation of the ISF water
right is involved.