19 ‎(4)‎

• Board Meeting Date: 9/17/2008
• Description: ISF Section - Instream Flow Rules Revision Update
• Board Meetings - Doc Type: Memo

ISF Rule 8i.(3) -Injury With Mitigation
(Changes to July 2008 Draft shown in bold)
September 8, 2008 Draft
8i. Pretrial Resolution. Staff may negotiate a pretrial resolution of any injury
or interference issue that is the subject of a Statement of Opposition. The
Board shall review the pretrial resolution pursuant to the following
procedures:
(1) No In' ur . In the event the pretrial resolution includes terms and
conditions preventing injury or interference and does not involve a
modification, or acceptance of injury or interference with
mitigation, the Board is not required to review and ratify the
pretrial resolution. Staff may authorize its counsel to sign any court
documents necessary to finalize this type of pretrial resolution
without Board ratification.
(2) No InjurylModification. In the event the pretrial resolution
addresses injury or interference through modification of the
existing ISF decree, the process set forth in Rule 9 shall be
followed prior to any Board decision to ratify the pretrial
reso utlon.
(3) Injury Accepted with Miti ag tion. In the event ~a proposed
pretrial resolution will allow injury to or interference tewith 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, and if the ro osed pretrial resolution does not include a
modification under ISF Rule 9, the Board shall:
(a) Conduct a preliminary review of the proposed pretrial
resolution during any regular or special meeting to
determine whether the natural environment could be
preserved or improved to a reasonable degree with the
proposed injury or interference if applicant provided
mitigation; and;
(b) At a later regular or special meeting, take final action to
ratify, refuse to ratify or ratify with additional conditions.
(c) No ro osed pretrial resolution considered pursuant to this
Rule 8i.(3) may receive preliminary review and final
ratification mat the same Board meeting.
(d) The Board shall not enter into any stipulation or a . rg ee to
any decretal terms and conditions under this Rule that
would result in the Division of Water Resources being
unable to properly administer the affected ISF water