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<br />. <br /> <br />. <br /> <br />. <br /> <br />- 3- <br /> <br />Rock Creek can continue to be preserved to a reasonable degree under the flow-sharing agreement <br />with the mitigation provided by Table Rock. <br /> <br />Follow-Up on Concerns Expressed at March 2005 Board Meeting <br /> <br />DWR Administration of Stipulation -- Staff has confirmed that the Division of Water Resources' <br />concerns about being able to administer this proposal have been addressed by Table Rock's <br />installation of flow measuring gages at the following locations: 1) Rock Creek above the Horn No.2 <br />Ditch headgate; 2) Rock Creek above the Oxbow Inlet; and 3) Oxbow Inlet. The stipulation has <br />been revised to provide that Table Rock will calibrate, maintain and replace the gages as may be <br />reasonably required to administer the terms of the stipulation. Additionally, the stipulation and <br />decree will contain a provision requiring Table Rock to install additional measuring devices as <br />reasonably required by the Division Engineer to administer the decree. <br /> <br />CWCB I DOW Inspections of Habitat Improvement Structures -- Paragraph 9 of the stipulation <br />has been revised to allow the CWCB and DOW to inspect the habitat improvement structures once <br />every two calendar years and after any major flooding event, provided that such inspections are <br />scheduled ten days in advance. <br /> <br />Fishery Studies -The 404 permit that Table Rock obtained for the Fish Habitat Project requires <br />Table Rock to monitor fish populations in the subject reach of Rock Creek through 2007. The <br />revised stipulation provides that Table Rock will provide copies of data and reports compiled under <br />that permit requirement to the DOW. After 2007, the CWCB or DOW shall have the right, once <br />every four (4) years, if necessary, to enter onto the Table Rock Ranch premises at their sole risk and <br />expense for the purpose of monitoring fish populations to ensure that the Fish Habitat Project <br />structures continue to maximize the biological potential of Rock Creek. Fish population sampling <br />shall not interfere with the use and enjoyment of the Ranch by its owners and guests, and shall only <br />occur if stream flow conditions have triggered the flow-sharing provisions of the Stipulation in at <br />least two of the previous four years. As applicable, the inspections provided for in paragraph 9, <br />above, and fish population sampling shall be conducted at the same time. <br /> <br />Staff Recommendation <br />As stated above, injury with mitigation is a two-meeting process. At the first meeting, the Board <br />made a preliminary determination that the natural environment could be preserved to a reasonable <br />degree with the proposed injury or interference if Table Rock provided the proposed mitigation. <br />Under ISF Rule 8i.(3), at this second meeting, the Board may "take final action to ratify, refuse to <br />ratify or ratifY with additional conditions." <br /> <br />Staff recommends that the Board: <br /> <br />1) Make a final determination that the natural environment of Rock Creek can be preserved to a <br />reasonable degree with the proposed injury or interference to the Board's Rock Creek ISF water <br />right with the mitigation that the Applicant has committed to provide. <br />2) Ratify this pretrial resolution and authorize Staff and the Attorney General's Office to enter into <br />the proposed stipulation, which will require the entry of a decree that contains the injury with <br />mitigation provisions, including the flow-sharing agreement. <br /> <br />Attachments <br /> <br />Flood Protection. Water Project Planning and Finance. Stream and Lake Protection <br />Water Supply Protection. Conservation Plaruting <br />