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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)
water right(s) in accordance wi th the priority system or
with Colorado water law.
(e) To initiate CWCB staff review of an injury with mitigation
proposal, the proponent must provide the following
information in writing:
i Location of injury (stream(s) affected, length of
affected reach(es));
ii Quantification of injury (amount, timing and
frequency);
iii Type of water use causing the injury;
iv Hydrologic analysis showing why full ISF
protection is not possible;
v Detailed description of the proposed mitigation,
all
including measures taken to reduce or minimize
the injury;
Detailed description
vi of how 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;
all
vii Identification and feasibility analysis of other
alternatives considered, including discussion of
environmental and economic benefits and
consequences of each alternative; and
viii A discussion of the reasonableness of each
alternative considered.
(f) After receipt and re view of the required information, staff
will consult with the DOW an d with the entity that
originally recommended the aff ected ISF water rights(s) (if
other than DOW) to determ ine 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 impr ove 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 bringing the proposal to the Board for
(g)
preliminary consideration, st aff 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
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