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<br />between the cases, and not cumulative). plus additional mitigation that will benefit the <br />ewcs's understanding and protection of its in-stream now water rights regardless of <br />whether injury ever occurs to them as a result of the District's plan for augmentation in <br />02ON77. <br /> <br />Under the mitigation plan proposed for 02CW77, and in addition to the elements <br />discussed in connection with 01 CW305. the BWCD, in consultation with the Division 5 <br />Engineer's office and CWCB, wilt conduct a comprehensive streamflow investigation of <br />the upper reach to better define the likelihood, frequency and duration during which <br />streamflows could drop bekJw CWCB minimums. The study would utilize a variety of <br />information sources inctuding, but not limited to, historic streamflow records, state <br />diversion records, climatic data, aerial photography, resource mapping and information <br />available trom the new on-site stream gage that will be constructed within the reach. <br />The study is expected to take three to tour years to complete and will include at <br />minimum three years of data from the new streamflow gage proposed tor the upper <br />reach. Its purpose is to provide confidence to the participants as to whether or not an <br />instreamflow call is probable within this reach. <br /> <br />A study finding that ewCB cans are probable would require the aWCD to immediately <br />cease issuing contracts within this reach until it obtains augmentaHon water sufficient to <br />protect the ewcs water right and water court approval of the use of such augmentation <br />supply. This process 'NOuld be implemented through the retained jurisdiction provision <br />of the decree. For the purposes of this mitigation plan, probable is defined as: a ewca <br />call would be expected to occur within the upper reach on a frequency of 1 year in 50 or <br />more frequent (i.e. 1 year in 40, 1 year in 30. etc.). <br /> <br />If cwca calls are found to be probable and the aWCD adjusts its plan for augmentation <br />as described above, the aWCD, at its discretion, can elect to cease its annual <br />contribution to O&M payments associated with the new streamflow gage in the upper <br />reach. <br /> <br />14 <br /> <br />, <br /> <br />. <br /> <br />. <br /> <br />. <br />