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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)
right(s) in accordance with th e priority system or with
Colorado water law.
(h) At the first meeting of the two-meeting process required by
this Rule, staff will bring th e 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 interest ed parties to address any
preliminary concerns prior to bringing a proposal to the
Board. Preliminary consideration by the Board may result
in requests for more information or for changes to the
proposal. Staff will work with the proponent and interested
parties to finalize the proposal and bring it back to the
Board for final action at a subsequent Board meeting.
(g) (i) The Board will consider the following factors when
evaluating injury with mitigation proposals. Because injury
with mitigation proposals may involve unique factual
situations, the Board may cons ider additiona l factors in
specific cases. Further, evaluation of each injury with
mitigation proposal will require the exercise of professional
judgment regarding the specifi c facts of the proposal.
i 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.
ii Benefits of the mitigation to the natural
environment
iii The nature and extent of the benefits the mitigation
will provide to the existing natural environment of
the affected stream ;
iii iv The scientific justification for accepting the
mitigation ; 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.
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