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such access i.e. ad•/ance notice. dates. times or season of access. coordination <br />`r/Ith proponent. and location and ro! Ites of acCesS~; <br />i•r. A term ro,~idiro that if the pro orient c=eases to rovide the agreed a on <br />miti~ation :such as rer-novin~ structural com orients or failin^ to maintain them to <br />a specified level, or ceasing to implement non-structural components `i. that the <br />proponent ~+rill n©t divert ;rater or take any other action that ~~+rould reduce flo~.~s in <br />the affected stream below the decreed ISF amount because the Board s+rill no <br />Ion^er acce t the incur based upon the miti =anon no Ion er bein in effect -- in <br />such case. if the Board places a call for the affected !SF water right, the Boar;; <br />will notif• the Division En ineer that this rovision of the decree now is in effect <br />and that the Board is not accepting the iniurY~; <br />v. A reGuirerrent that the proponent install and pay operation and maintenance <br />costs Of fOr commit to a~~ o- eration and maintenance costs if the C~tiCB installs; <br />arty measurinct devices deemed necessary bar the Division Engineer to <br />administer the terms of the stipulation and decree implerr:enting the Iniur•,; :;,pith <br />f~~iti~atior pretrial resolution:: and <br />vi. A term rovidin that the water court ~•/ill retain 'urisdiction to enforce the terms <br />and conditions set forth above 6n subsections i - ;aril, and ary other terms and <br />conditions s ecific to the Incur` ~~vith !%~iti anon pretrial resolution. as a water <br />matter. <br />8j. Authorization to Proceed to Trial. <br />In the event that a Statement of Opposition filed by the Board is not settled prior to the last regularly <br />scheduled Board meeting prior to the trial date, Staff shall seek Board authorization to proceed to trial. In <br />the event that Staff is authorized to proceed to trial, the Board may adjourn to executive session to <br />discuss settlement parameters with its counsel. Staff is authorized to settle any litigation without Board <br />ratification if the settlement terms are consistent with instructions given by the Board to its counsel. <br />8k. Public Review Process. <br />The Board shall follow the public review process in Rules 11 a. -11 c.: prior to consideration of a request <br />to ratify a pretrial resolution pursuant to Rule 8i.(3). <br />81. Notice. <br />At any time Staff verifies that an ISF water right is not being fulfilled as a result of water use against which <br />the ISF water right is entitled to protection, the Staff shall provide Proper Notice, including a description of <br />what the Board is doing in response to the situation. <br />9. MODIFICATION OF ISF RIGHTS. <br />The Board may modify any existing decreed ISF right according to the procedures set forth in this Rule. <br />"Modification" of an ISF right within the meaning of this Rule includes a decrease in the rate of flow <br />described in the existing ISF decree. segmenting an existing ISF reach into shorter reaches with the <br />result of decreasing the rate of flow in any portion of an ISF reach, or subtracting water from an ISF right <br />during any particular time period or season. <br />9a. Need for Modification. <br />Modification may be requested by the Staff or by any Person who has filed a water right application on <br />an ISF reach or who has applied for any governmental permit for facilities located in or near an ISF reach <br />