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<br />(1) Mistake. An ISF right may be considered for modification if the requesting <br />person establishes that an error was mad.e in the calculations upon which the <br />original or supplemental appropriation or enlargement to an original <br />appropriation was made. <br /> <br />(2) Excessive Flow. An ISF right may be considered for modification if the <br />requesting person establiShes that the ISII flow rate is in excess ofthe amount <br />of water necessary to accomplish the purpose of the original, supplemental or <br />enlarged ISF right when that right was appropriated. <br /> <br />9d. Recoverv Imolementation 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 Rule ge. Criteria for modifications made in the ISF rights decreed <br />as part of the Recovery Implementation Program for the Endangered Fishes of the <br />Colorado River Basin will be established in the decrees governing such <br />appropriations. <br /> <br />ge. Public Review Process of ReQuests for Modification. The Board shall adhere to the <br />following public review process when considering requests for modification: <br /> <br />. <br /> <br />(2) <br /> <br />(3) <br /> <br />. <br /> <br />(1) <br /> <br />Notice. Notice of the proposed modification and the date of the public <br />meeting at which it will first be considered shall be printed in the resume in <br />the Water Court having jurisdiction over the decree that is the subject of the <br />modification. The first public meeting of the Board at which the modification <br />is to be considered shall occur at least sixty days after the month in which the <br />resume is published. Notice shall also be published in a newspaper of . <br />statewide distribution within thirty to forty-five days prior to such first public <br />meeting. <br /> <br />Public Meeting. If the Board decides at such first public meeting to give <br />further consideration to the proposed modification, the Board shall announce <br />publicly the date of a subsequent publi(: meeting for such purpose. If the <br />Board decides that it will not give further consideration to the proposed <br />modification, it shall state, in writing, the basis for its decision. <br /> <br />ReQuest for Delav. On the written reque:st of any person made within thirty <br />days after the date of the first public meeting, the Board shall delay the <br />subsequent public meeting for up to one year to allow such person the <br />opportunity for the collection of scientific data material to the proposed <br />modification. The Board need not grant the request if it determines that the <br />request is made solely to delay the proceedings. <br /> <br />22 <br />