Administrative Record 23-30

• Year: 2009
• Instream Flow Rules - Doc Type: Rulemaking Hearings

8h. Exclusion from De Minimis Rule.
The Board may at any time exclude any stream reach or lake, or any portion thereof, from application of
the De Minimis rule.
8i. Pretrial Resolution.
Staff may negotiate a pretrial resolution of any injury or interference issue that is the subject of a
Statement of Opposition. The Board shall review the pretrial resolution pursuant to the following
procedures:
(1) No Injury.
In the event the pretrial resolution includes terms and conditions preventing injury or interference and
does not involve a modification, or acceptance of injury or interference with mitigation, the Board is not
required to review and ratify the pretrial resolution. Staff may authorize its counsel to sign any court
documents necessary to finalize this type of pretrial resolution without Board ratification.
{2) No Injury/Modification.
In the event the pretrial resolution addresses injury or interference through modification of the existing ISF
decree, the process set forth in Rule 9 shall be followed prior to any Board decision to ratify the pretrial
resolution.
(3) Injury Accepted with Mitigation.
In the event a proposed pretrial resolution will allow injury to or interference tivith #~an ISF right, but
mitigation offered by the applicant would enable the Board to accept the injury or interference while
continuing to preserve or improve the natural environment to a reasonable degree, and if the proposed
pretrial resolution does not include a modification under ISF Rule 9, the Board shall:
(a) Conduct a preliminary review of the proposed pretrial resolution during any regular or
special meeting to determine whether the natural environment could be preserved or
improved to a reasonable degree with the proposed injury or interference if applicant
provided mitigation: and:
(b) At a later regular or special meeting, take final action to ratify, refuse to ratify or ratify with
additional conditions.
(c) No proposed pretrial resolution considered pursuant to this Rule 8i.(3) may receive
preliminary review and final ratification i~at the same Board meeting.
_d) The Bard shat[ not enter into any stipulation or agree to any decretal terms and
conditions urger this Rine that ~~~ould result in the Division of Vt~ater Resources being
unable t^ administer the affected ISF water right(s~~ in accordance with the priority system
Lr with Colorado avatar IaE~r.
~e' To irtitia~e CIt,~CB staff review of an Injury with Mitigation proposal, the proponent must
prCO/ide the fCf!!o.'lrirlq i nformation in writing:
i Location of iniury to ISF water right(s) (stream(s) affected, length of affected
reacht'es ~:
ii Quantification of iniury (amount. timing and frequency);
i