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ISF Rule 8i.(3) -Injury With Mitigation September 8, 2008 Draft <br />(Changes to July 2008 Draft shown in bold) <br />the mitigation are located to inspect the structures at <br />certain time intervals, and, if necessary, to perform <br />biological stream monitoring. This provision shall <br />clearly define the reasonable nature, extent and <br />timing of such access (i.e, advance notice, dates, <br />times or season of access, coordination with <br />proponent, and location and routes of access); <br />iv A term providing that if the proponent ceases to <br />provide the agreed upon miti anon (such as <br />removing structural components or failing to <br />maintain them to a specified level, or ceasing to <br />implement non-structural components), that the <br />proponent will not divert water or take any other <br />action that would reduce flows in the affected <br />stream below the decreed ISF amount because the <br />Board will no loner accept the injury based upon <br />the mitigation no lon er being in effect (in such <br />case, if the Board places a call for the affected ISF <br />water right, the Board will notify the Division <br />Engineer that this provision of the decree now is in <br />effect and that the Board is not accepting the <br />in'ur <br />{~}v A requirement that the proponent install and pay <br />operation and maintenance costs of (or commit to <br />pay operation and maintenance costs if the CWCB <br />1 <br />installs) any measuring devices deemed necessary <br />by the Division Engineer to administer the terms of <br />the stipulation and decree implementin t.~ he Injury <br />with Mitigation pretrial resolution. <br />{~vi A term providing that the water court will retain <br />jurisdiction for a period of fifteen (15) years to <br />enforce the terms and conditions set forth above in <br />subsections (a)-(e), and any other terms and <br />~, ~, <br />conditions specific to the injury with miti , ag tion <br />pretrial resolution, as a water matter. <br />1 <br />(m) If staff determines that the proponent has ceased to <br />provide the agreed-upon mitigation, staff shall request <br />the CWCB to make a factual determination on the issue <br />based upon information presented to the CWCB by <br />staff, the proponent, and any interested parties. If the <br />CWCB finds that the proponent has ceased to provide <br />the agreed-upon mitigation, it shall direct staff to place <br />a call for the full ISF water right at times that such <br />right is not fully satisfied. <br />