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• Board Meeting Date: 7/22/2008
• Description: ISF Section - Instream Flow Rules Revisions
• Board Meetings - Doc Type: Memo

ISF Rule 8i.(3) – Injury With Mitigation July 12, 2008 Draft
(Changes to May 2008 Draft shown in bold)
ii A requirement that the stru ctural components of
the mitigation be maintained permanently;
iii A provision allowing CWCB or DOW staff
access to the property on which structural
components of the mitigation are located to
inspect the structures at certain time intervals,
and, if necessary, to perform biological stream
monitoring. This provision shall clearly define
the reasonable nature, extent and timing of such
access (i.e, advance notice, dates, times or season
of access, coordination with proponent, and
location and routes of access);
iv A term providing that if the proponent ceases to
provide the agreed upon mitigation (such as
removing structural components or failing to
maintain them to a specified level, or ceasing to
implement non-structural components), that the
proponent will not divert water or take any other
action that would reduce flows in the affected
stream below the decreed ISF amount because
the Board will no longer accept the injury based
upon the mitigation no lo nger being in effect (in
such case, if the Board places a call for the
affected ISF water right, the Board will notify
the Division Engineer that this provision of the
decree now is in effect and that the Board is not
accepting the injury);
A requirement that the proponent install (or
(e) v
commit to pay operation and maintenance costs
if the CWCB installs) any measuring devices
deemed necessary by the Division Engineer to
administer the terms of the stipulation and
decree implementing the Injury with Mitigation
pretrial resolution.
A term providing that the water court will retain
vi
jurisdiction to enforce the terms and conditions
set forth above in subsections (a)—(e), and any
other terms and conditions specific to the injury
with mitigation pretrial resolution, as a water
matter.
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