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ISF Rule 8i.(3) Injury W ith Mitigation Nov ember 10 , 2008 Draft <br />( No c hanges to September 2008 draft ) <br /> <br />8i. Pretrial Resolution . Staff may negotiate a pretrial resolution of any injury <br />or interference issue that is the subject of a Statement of Opposition. The <br />Board shall review the pretrial resolution pursuant to the following <br />procedures: <br /> <br />(1) No Injury . In the event the pretrial resolution includes terms and <br />conditions preventing injury or interference and does not involve a <br />modification, or acceptance of injury or interference with <br />mitigation, the Board is not required to review and ratify the <br />pretrial resolution. Staff may authorize its counsel to sign any court <br />documents necessary to finalize this type of pretrial resolution <br />without Board ratification. <br /> <br />(2) No Injury/Modification . In the event t he pretrial resolution <br />addresses injury or interference through modification of the <br />existing ISF decree, the process set forth in Rule 9 shall be <br />followed prior to any Board decision to ratify the pretrial <br />resolution. <br /> <br />(3) Injury Accepted with Mitigation . In t he event the a proposed <br />pretrial resolution will allow injury to or interference to with an ISF <br />right, but mitigation offered by the applicant would enable the <br />Board to accept the injury or interference while continuing to <br />preserve or improve the natural env ironment to a reasonable <br />degree, and if the proposed pretrial resolution does not include a <br />modification under ISF Rule 9 , the Board shall: <br /> <br />(a) Conduct a preliminary review of the proposed pretrial <br />resolution during any regular or special meeting to <br />determine whether the natural environment could be <br />preserved or improved to a reasonable degree with the <br />proposed injury or interference if applicant provided <br />mitigation; and , <br /> <br />(b) At a later regular or special meeting, take final action to <br />ratify, refuse to ratify or ratify with additional conditions. <br /> <br />(c) No proposed pretrial resolution considered pursuant to this <br />Rule 8i.(3) may receive preliminary review and final <br />ratification in at the same Board meeting. <br /> <br />(d) The Board shall not enter into any stipulation or agree to <br />any decretal terms and conditions under this Rule that <br />would result in the Division of Water Resources being <br />unable to properly administer the affected ISF water <br />