BOARD00851

• Board Meeting Date: 11/23/1998
• Description: ISF Section - Instream Flow Subcommittee Draft Report
• Board Meetings - Doc Type: Memo

~ppendiX A.

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Instream Flow Subcommittee Issues, Current Activities, Public Input, Limitations, and Staff Recommendations

Legal Protection Issues (17.4%)

Issue Type Current Activity Public Input Limitations Staff Recommendation and
Basis
Enforcement . . Resume Review Self administration of ISF rights Resources: slafflbudget Maintain status quo (see
!ftatements of Opposillon not adequate limitations)
(4.4%) Letters/Consullations in lieu of SOPs Review assumptions on
Full Prolection determining injury. Policy review with respect 10
Strengthen consultation with SEO activities
, i SED, particularly where
augmentation may be appropriate.
Third Party Enforcement None Allow lbe public to assisl in Policy direction from Allow olher parties 10 continue
(Le., court action) protecling existing waler rights CWCB to alert the CWCB of potenlial
Slanding injury to instream flows.
Exclusive Authority None Allow anyone 10 hold waler rights Slatutory Maintain currenl statutes to
for Instrcam flow purposes Constitutional questions continue to balance the needs of
mankind with reasonable
preservation oflhe natural
environment. Continue to be
responsive to public requests.
Deminimis Impacls Staff discretion to allow a cumulative Is percentage the best way to CWCB Policy: Refine deminimis policy
impact of up to 10/0. approach deminlmis? Should Current RuleslRegulations
(2.9%) there be a limitation on individual Slalutes
deminimis cases?
Inundation Follow procedures outlines in Section Guidelines for remediation and CWCB Policy does not CWCB Direction required
8 ofCWCB's Rules and Regulation. mitigation.... needed adequately address this
(10.1%) issues.
Refine definition of "beneficial None Define "highes~ best" use when Statutory Limitalions None
use" interests are competing.

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