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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 potentially affected ISF water right, and to miti a~ tion <br />a ternatlves: <br />i Availability of on-site mitigation alternatives; <br />ii Technical feasibility of each alternative; <br />iii Environmental benefits and consequences of each <br />a ternatlve; <br />Div Economic benefits and consequences of each <br />a ternatlve; <br />~v Reasonableness of alternatives; and <br />vi For mitigation alternatives, whether the miti ag tion <br />was or will be put in place to satisfy a requirement <br />or need unrelated to the injury with miti . ag tion <br />ro osal. <br />(k) The Board will consider mitigation on a different reach of <br />stream or another stream ("off site mitigation") as a last <br />resort and will only consider mitigation in an area other <br />than the affected stream reach if no reasonable alternative <br />exists for mitigation on the affected stream reach. The <br />Board only will consider off site mitigation on stream(s) <br />located in the same drainage as the affected stream. <br />Factors that the Board may consider in looking at such a <br />._ <br />proposal include, but are not limited to, the de ree and <br />1 <br />frequency of impact to the affected stream; the <br />environmental benefits provided to the off site stream bX <br />the mitigation; whether the proposal could, in effect, <br />constitute a modification of the ISF water right on the <br />affected stream; or whether the proposal could result in the <br />Division of ~Uater Resources being unable to properly <br />administer the affected ISF water right(s) in accordance <br />with the priority system or with Colorado water law. <br />(1) Stipulations and water court decrees that incorporate injurX <br />with mitigation shall include, but not be limited to inclusion <br />of, the following terms and conditions: <br />i A arovision that the broaonent will not divert water <br />or take any other action that would reduce flows in <br />the affected stream below the decreed ISF amount <br />until the agreed-upon mitigation measures are in <br />place and fully operational; <br />1 ^ <br />11 A requirement that the structural components of the <br />mitigation be maintained permanently <br />111 A provision allowing CWCB or DOW staff access <br />to the property on which structural components of <br />