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• 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)

the potentially affected ISF water right, and to mitigation
alternatives :

Ô Availability of on - site mitigation alternatives ;
ÔÔ Technical feasibility of each alte rnative ;
ÔÔÔ Environmental benefits and consequences of each
alternative ;
ÔÔÔ ÔÇ Economic benefits and consequences of each
alternative ;
ÔÇ Ç Reasonableness of alternatives ; and
ÇÔ For mitigation alternatives, whether the mitigation
was or will be put in place to satisfy a requirement
or need unrelated to the injury with mitigation
proposal.

(k) The Board will consider mitigation on a different reach of
stream or another stream - as a last
resort and will only consider mitigation in an area other
than the affected stream reach if no reasonable alternative
exists for mitigation on the affected stream reach. The
Board only will consider off - site mitigation o n stream (s)
located in the same drainage as the affected stream.
Factors that the Board may consider 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 provi ded to the off - site stream by
the mitigation ; whether the proposal could, in effect,
constitute a modification of the ISF water right on the
affected stream ; or whether the proposal could result in the
Division of Water Resources being unable to properly
a dminister the affected 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 following terms and conditions :

Ô 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 ;
ÔÔ A requirement that the structural components of the
mitigation be maintained permanently ;
ÔÔÔ A provision allowing CWCB or DOW staff access
to the property on which structural components of

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