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<br />e <br /> <br />1. Injury Accepted with Mitigation. In the ev~nt the pretrial resolution will allow injury or <br />interference to an ISF right, but mitigation offered by the applicant would enable the <br />Board to accept the injury or interference while continuing to preserve the natural <br />environment to a reasonable degree, and if the pretrial resolution does not include a <br />modification the Board shall: <br /> <br />(1) Conduct a preliminary review of the proposed pretrial resolution during any <br />regularly or special schedl:l\ed , meeting to detennine whether the natural <br />environment could be preserveq to a reasonable degree with the proposed <br />injury or interference if applicant provided mitigation; and, <br /> <br />(2) At a later regularly- or special scheduled meeting, take final action to ratify, <br />refuse to ratify or ratify with additional conditions. <br /> <br />(3) No pretrial resolution considered pursuant to this Rule 8.k may receive <br />preliminary review and final ratification in the same meeting, <br /> <br />m. Authorization to Proceed to Trial. In the, event that a Statement of Opposition filed <br />by the Board is not settled prior to the last regularly scheduled Board meeting prior <br />to the trial date, Staff shall seek Board authorization to proceed to trial. In the event _ <br />that Staff is authorized to proceed to trial, the Board may adjourn to executive ., <br />session to discuss settlement parameters with its counsel. Staff is authorized to settle <br />any litigation without Board ratification If the settlement tenns are consistent with <br />instructions given by the Board to its cOl.lnsel. <br /> <br />n, Public Review Process. The Board shall follow the public review process in 8eetieus <br />Rules l1.a - l1.c prior to consideration of a request to ratify a pretrial resolution <br />pursuant to 8eetieu Rule 8.1. <br /> <br />9. MODIFICATION OF ISF RIGHTS. The! Board may modify any existing ISF right <br />according to the procedures set forth in this Rt(le. "Modification" of an ISF right within the <br />meaning of this Rule includes a decrease in t1j.e 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 reach, 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 locat~d in or near an ISF reach and who complies <br /> <br />e <br /> <br />22 <br />