BOARD01568

• Board Meeting Date: 5/19/2003
• Description: Agenda
• Board Meetings - Doc Type: Agenda

discuss settlement parameters with its coOunsel. Staff is authorized toO settle any
litigation without Board ratification i( the settlement tenns are consistent with
instructions given by the Board to its counsel.

8k. Public Review Process. The Board shall follow the public review process in Rules
11a. . 11c. prior to consideration ofa request to ratifY a pretrial reselution pursuant to
Rule 8i.(3).

81. Notice. At any time Staff verifies that an ISF water right is not being fulfilled as a
result of water use against which the I$F water right is entitled toO protection, the
Staff shall provide Proper Notice, including a de:scription of what the Board is doing
in response to the situation.

9. MODIFICATION OF ISF RIGHTS. The Board may modifY any existing decreed ISF
right according to the procedures set forth in this Rule. "MoOdification" of an ISF right within
the meaning ef this Rule includes a decrease in the rate .of flow described in the existing ISF
decree, segmenting an existing ISF reach intoO shorter reaches with the result of decreasing
the rate of flow in any portioOn of an ISF reach, ~r subtracting water from an ISF right during
any particular time period or season. :

9a. Need for Modification, Medificatien may be requested by the Staff or by any persen
whe has filed a water right applicatien on an ISF reach er who has applied fer any
governmental pennit for facilities loOcated in or near an ISF reach and who complies
with Rules 9b. and 9c. Any request for modification, except by staff, shall be made in
writing, submitted to Staff and such writing shall contain the following infonnation:

(1) name, address and telephone number of the person seeking modificatien;

(2) stream or lake subject of request; .

(3) modificatien requested;

(4) reasen for modification; and

(5) the scientific data supporting the request.

9b. Need for Water. Any person who reque~ts a modification of an ISF right must, as a
precondition to the Beard's censideration of the request, establish a need for the
water made available by the modification" Staff' does not have to comply with this
rule and any governmental entity seeking to implement the terms of an agreement
specified in Rule 9f. does not have to comply witl1 this section.

9c. Grounds for Modification. No request for modilication may be considered until the
applicant establishes that one of the foll~wing reslsons fer modification exists:

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