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)

the mitigation are located to inspect the structures at
certain time intervals, and, if necessary, to perform
biological stream monitoring. This provision shall
clearly define the reasonable nature, extent and
timing of such access (i.e, advance notice, dates,
times or season of access, coordination with
proponent, and loc ation and routes of access) ;
ÔÇ A term providing that if the proponent ceases to
provide the agreed upon mitigation (such as
removing structural components or failing to
maintain them to a specified level, or ceasing to
implement non - structural components), t hat the
proponent will not divert water or take any other
action that would reduce flows in the affected
stream below the decreed ISF amount because the
Board w ill no longer accept the injury based upon
the mitigation no longer being in effect (in such
cas e, if the Board places a call for the affected ISF
water right, the Board will notify the Division
Engineer that this provision of the decree now is in
effect and that the Board is not accepting the
injury) ;
Ø Ç A requirement that the proponent install ÜÏÙÍÜÄ

ÎÍØËÜÉÔÎÏÜÏÙÐÜÔÏÉØÏÜÏÚØÚÎÊÉÊÎ× (or commit to
pay operation and maintenance costs if the CWCB
installs) any measuring devices deemed necessary
by the Division Engineer to administer the terms of
the stipulation and decree implementing the Injury
with Mitigation pretrial resolution.
ÇÔ A term providing that the water court will retain
jurisdiction to enforce the terms and conditions set
forth above in subsections (a) ( e), and any other
terms and conditions specific to the injury with
mitigation pretrial re solution , as a water matter.

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