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)
(h) At the first meeting of the two-meeting process required b~
this Rule, staff will bring the proposal to the Board for
preliminary consideration after completing its review of the
proposal and its consultation with DOW. Staff will work
with the proponent and interested parties to address and
preliminary concerns prior to bringing a proposal to the
Board. Preliminary consideration by the Board ma,, r
in requests for more information or for Chan es to the
proposal. Staff will work with the proponent and interested
parties to finalize the proposal and brim it back to the
Board for final action at a subsequent Board meeting_
~g}(i) The Board will consider the following factors when
evaluatin. injury with mitigation proposals. Because in~ur~
with mitigation proposals may involve unique factual
situations, the Board may consider additional factors in
specific cases. Further, evaluation of each injury with
mitigation proposal will require the exercise of professional
r~ud ment re a~ rdin~ the specific facts of the proposal.
Extent of the proposed injury:
~.
1. Location of injury -affected stream(s) and length
of affected reach(es),
~,
2. Amount, timing and frequency of shortages(s) to
the affected ISF water right(s); and
3. Potential impact to the natural environment of the
affected stream reach from such shortages.
11 Benefits of the mitigation to the natural
environment
111 The nature and extent of the benefits the miti _ a~ tion
will provide to the existing natural environment of
..,
the affected stream;
Div The scientific iustification for accebtin~ the
miti anon ;and
v Whether the mitigation will enable the Board to
continue to preserve or improve the natural
environment of the subject stream to a reasonable
degree.
{~}(~) Evaluation of proposed alternatives. This evaluation applies
both to alternatives explored to provide full protection of