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<br />~ <br /> <br />The Board approved the Request to Defer Action on the Request to Inundate on the condition . <br />that the proposed stipulation be modified to include additional provisions, The first provision <br />was that the stipulation must list the Board's other instream flow rights decreed on streams from <br />which the Mining Company will have junior direct flow rights and provide that Applicant agrees <br />not to divert water under its rights if the streamflow measures less than the instream flow amount <br />decreed, Second, the Board wanted the Applicant to affirmatively explore other options in its <br />operation to avoid inundation of the instream flow right on Carbon Creek. Third, the Board <br />sought to clarify that it would not relinquish its rights under the rules to ultimately deny the <br />request to inundate if mitigation is insufficient. At the time of this memo, Applicant had <br />verbally agreed to these conditions, but has not signed off on a revised stipulation, A trial date of <br />October 19, 1998 has been set for this case, <br /> <br />Recommendation <br /> <br />Staff recommends that the Board authorize staff to proceed to trial or settle the case In <br />accordance with the provisions stated above, <br /> <br />. <br /> <br />. <br /> <br />L:\BOARDMEM\J uly98\ I Oa,doc <br />