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 September 8, 2008 Draft
(Changes to July 2008 Draft shown in bold)
rights} in accordance with the priorit~ystem or with
Colorado water law.
(e) To initiate CWCB staff review of an injury with miti ag tion
proposal, the proponent must provide the following
information in writing:
i Location of iniurv to ISF water ri~ht(sl (stream(s
affected, length of affected reach(es);
11 Quantification of in~ur~amount, timing and
fre uenc
111 Type of water use that would cause ' the injury;
iv Analysis showing why full ISF
protection is not possible;
v Detailed description of the proposed miti atg ion,
including all measures taken to reduce or minimize
the in' ur
vi Detailed description of how the proposed miti ag tion
will enable the Board to continue to preserve or
improve the natural environment of the affected
stream to a reasonable degree in spite of the injury;
vii Identification and feasibilit~ysis of all other
alternatives considered, including discussion of
environmental and economic benefits and
consequences of each alternative; and
Vlll A discussion of the reasonableness of each
alternative considered.
(f) After receipt and review of the required information, staff
will consult with the DOW and with the entity that
on i.~ Wally recommended the affected ISF water ri h~ts(s) (if
other than DOW) to determine whether additional field
work is necessary and to identify any scheduling concerns.
..~~
Staff will request a recommendation from the DOW as to
whether the proposed mitigation will enable the Board to
continue to preserve or improve the natural environment of
the affected stream to a reasonable degree in spite of the
injury, including a discussion of the reasonableness of the
.^. ._
alternatives considered.
(~) Prior to bringin the proposal to the Board for preliminary
consideration, staff will consult with the Division of Water
Resources on whether the proposal would result in the
Division of Water Resources being unable to properly
administer the affected ISF water right(s) in accordance
with the priority system or with Colorado water law.