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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)
(h) (j) Evaluation of proposed alternatives. This evaluation applies
both to alternatives explored to provide full protection of
the potentially affected ISF water right, and to mitigation
alternatives :
i Availability of on-site mitigation alternatives;
ii Technical feasibility of each alternative;
iii Environmental benefits and consequences of each
alternative;
iii iv Economic benefits and consequences of each
alternative;
iv v Reasonableness of alternatives; and
For mitigation altern atives, whether the
vi
mitigation was or will be put in place to satisfy a
requirement or need unrela ted to the injury with
mitigation proposal.
mitigation on a different reach
(k) The Board will consider
of stream or another stream (“
off-site mitigation”) as a
last resort and will only consider mitigation in an area other
than the affected stream reach if no reasonable alternative
The
exists for mitigation on th e affected stream reach.
Board only will consider off- site mitigation on stream(s)
located in the same drainage as the affected stream.
Factors that the Board may cons ider in looking at such a
proposal include, but are not limited to, the degree and
frequency of impact to the affected stream; the
environmental benefits provided to the off-site stream by
the mitigation; whether the proposal could, in effect,
constitute a modification of the ISF water right on the
whether the proposal could
affected stream; or result in
the Division of Water Resources being unable to
properly administer the affect ed ISF water right(s) in
accordance with the priority system or with Colorado
water law
.
(l) Stipulations and water court decrees that incorporate
injury with mitigation shall include, but not be limited
to inclusion of, the follo wing terms and conditions:
i A provision 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 until the agreed-upon mitigation
measures are in place and fully operational;
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