Laserfiche WebLink
<br />. <br /> <br />apprise the Board of the filing of a Statement of Opposition and the factual basis for the <br />staff action. At that time, the Board shall ratify the filing, disapprove the filing, or table <br />the decision to a future meeting if more information is needed prior to making a decision. <br /> <br /> <br />~ <br /> <br />Consequently, the Board did not ratify a statement of opposition in compliance with Rule 9.21 in <br />this case. <br /> <br />REQUEST TO ENTER INTO STIPULATION AND WITHDRAW STATEMENT OF <br />OPPOSITION <br />Although the Board has not ratified the statement of opposition in this case, pursuant to Rule <br />9.21, the staff has continued to work with the Applicant to reach a settlement in this case. The <br />attached stipulated settlement includes terms and conditions stating that the Applicant will: <br />1. not divert water into the Upper Meadows Ponds Ditch when the flow in the Middle <br />Fork of the Little Snake River is less than 6 cfs at the point of diversion, and <br />2. not divert water into the Upper Meadows Ponds Ditch in any amount that would <br />reduce the flows in the Subj ect Reach to less than 20 cfs if the seven rock structures <br />located within the Subject Reach are not maintained, and <br />3. reduce the diversion amount for the Upper Meadows Ponds Ditch from 40 cfs to 10 <br />cfs. <br />With the stipulated terms, the Board could elect not to ratify the statement of opposition pursuant <br />to Rule 9.20 and instruct the staff to withdraw its statement of opposition. <br /> <br />. STAFF RECOMMENDATION <br />Under the CWCB's Rules, fujurv Accepted With Mitigation is a two-meeting process. However, <br />this case is set for trial in October 2001. Rather than incur needless expense in preparing for <br />trial, and simultaneously pursue the Iniurv Accepted With Mitigation alternative; staff <br />recommends that the Board: <br />1) Elect not to ratify the statement of opposition file by the CWCB staff; <br />2) Direct the staff to enter into the stipulation proposed by the Applicant; and <br />3) Direct the staff to withdraw its Statement of Opposition. <br /> <br />Attachments <br /> <br />3 Forks Ranch <br /> <br />. <br /> <br /> <br />3 <br />