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BOARD01022
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Last modified
8/16/2009 2:57:12 PM
Creation date
10/4/2006 6:48:47 AM
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Board Meetings
Board Meeting Date
1/22/2003
Description
Workshop - Proposed Changes to the Instream Flow Rules
Board Meetings - Doc Type
Other
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<br />e <br /> <br />(2) _Public Review Process. The Board shall follow the public review process in <br />Seetieoo Rules 11.a . 11.c prior to cbnsideration of a request to ratify a pretrial <br />resolution pursuant to Seation Rule 8.1.(3). <br /> <br />9. MODIFICATION OF ISF RIGHTS. Th~ Board may modify any existing ISF right <br />according to the procedures set forth in this Rule, "Modification" of an ISF right within the <br />meaning of this Rule includes a decrease in :the rate of flow described in the existing ISF <br />decree, segmenting an existing ISF reach into shorter reaches with the result of decreasing <br />the rate of flow in any portion of an ISF teach, or subtracting water from an ISF right <br />during any particular time period or season. <br /> <br />a. Need for Modification. Modification may be requested by the Staff or by any person <br />who has filed a water right application on an ISF reach or who has applied for any <br />governmental pennit for facilities located in or near an ISF reach and who complies <br />with Seetiefls Rules 9.b. and 9.c. Ap.y request for modification, except by staff, <br />shall be made in writing, -submitte4 to Staff and such writing shall contain the <br />following infonnation: <br /> <br />(1) name, address and telephone number of the ~erson seeking modification; I <br /> <br /> <br />(2) stream or lake subject of request; I e <br /> <br />(3) modification requested; I <br /> <br />(4) reason for modification; and I <br /> <br />(5) the scientific data supporting the request. <br /> <br />b. Need for Water. Any person who requ~sts a modification ofan ISF right must, as a <br />precondition to the Board's considera~ion of the request, establish a need for the <br />water made available by the modification. Staff does not have to comply with this <br />section rule and any governmental ell;tity seeking to implement the tenns of an <br />. agreement specified in Seetien Rule ~.f. does not have to comply with this section. <br /> <br />c. Grounds for Modification. No request for modification may be considered until the <br />applicant establishes that one of the following reasons for modification exists: <br /> <br />(1) <br /> <br />&.-Mistake. An ISF right ~ay be considered for modification if the <br />applicant establishes that ah error was made in the calculations upon <br /> <br />e <br /> <br />2~ <br />
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