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BOARD01361
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Last modified
8/16/2009 3:00:55 PM
Creation date
10/4/2006 6:53:58 AM
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Template:
Board Meetings
Board Meeting Date
11/25/2002
Description
ISF Section - Stream and Lake Protection Section Proposed Instream Flow Rulemaking
Board Meetings - Doc Type
Memo
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<br />. <br /> <br />e <br /> <br />with Seetions Rules 9.b and 9.c. Any request for modification shall be made in <br />writingL submitted to Staff and such writing shall contain the following information: <br /> <br />(I) name, address and telephone number of paFlyperson seeking modification; <br /> <br />(2) stream or lake subject of request; <br /> <br />(3) modification requested; <br /> <br />(4) reason for modification; and <br /> <br />(5) the scientific data supporting the request. <br /> <br />b. Need for Water. Any person who requests a modification of an ISF right must, as a <br />precondition to the Board's consideration ofthe request, establish a need for the <br />water made available by the modification. Staff does not have to comply with this <br />seetioH rule and any governmental entity seeking to implement the terms of an <br />agreement specified in Soction Rule 9.f does not have to comply with this section, <br /> <br />e <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 />d. Mistake. An ISF right may be considered for modification if the applicant establishes <br />that an error was made in the calculations upon which the original or supplemental <br />appropriation or enlargement to an original appropriation was made. <br /> <br />e. Excessive Flow. An ISF right may be considered for modification if the applicant <br />establishes that the ISF flow rate is in excess ofthe amount of water necessary to <br />accomplish the purpose ofthe original, supplemental or enlarged ISF right when that <br />right was appropriated. <br /> <br />f. Recovery Implementation or Other Intergovernmental Agreement. An ISF right may <br />be modified if such modification was agreed upon by the Board as part of the <br />Recovery Implementation Program for the Endangered Fishes of the Colorado River <br />Basin or any other agreement between the Board and another governmental entity. <br />Modifications made as a part of the Recovery Implementation Program for the <br />Endangered Fishes of the Colorado River Basin need not be subject to the public <br />review process in Rules 9.g.- 9.k. Criteria for modifications made in the ISF rights <br />decreed as part ofthe Recovery Implementation Program for the Endangered Fishes <br /> <br />e <br /> <br />23 <br />
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