06 ‎(4)‎

• Board Meeting Date: 11/18/2008
• Description: ISF Section - Instream Flow Rules Revision
• Board Meetings - Doc Type: Memo

ISF Rule 8i.(3) Injury W ith Mitigation Nov ember 10 , 2008 Draft
( No c hanges to September 2008 d raft)

right(s) in accordance with the priority system or with
Colorado water law.

(e) To initiate CWCB staff review of an i njury with m itigation
proposal, the proponent must provide the following
information in writing:

Ô Location of injury to ISF water right(s) (stream(s)
affected, length of affected reach(es)) ;
ÔÔ Quantification of injury (amount, timing and
frequency) ;
ÔÔÔ Type of water use that would cause the injury ;
ÔÇ A nalysis showing why full ISF protection is not
possible ;
Ç Detailed description of the proposed mitigation,
including a ll measures taken to reduce or minimize
the injury ;
ÇÔ Detailed description 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 ;
ÇÔÔ Identification and feasibility analysis of a ll other
alternatives considered, including discussion of
environmental and economic benefits and
consequences of each alternative; and
ÇÔÔÔ A discussion of the reasonableness of each
alternative considered .

(f) After receipt and review of the required information, staff
will consult with the DOW and with the entity that
originally recommended the affected ISF water rights(s) (if
other than DOW) to determine whether additional field
work is necessary and to identi fy 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 improve the natural environment of
the affected stream to a reasonable degree in spite of t he
injury, including a discussion of the reasonableness of the
alternatives considered .

(g) Prior to bringing the proposal to the Board for preliminary
consideration, staff will consult with the Division of Water
Resources on whether the proposal would resu lt in the
Division of Water Resources being unable to properly
administer the affected ISF water right(s) in accordance
with the priority system or with Colorado water law.

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