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<br />1) The habitat of the Middle Fork of the Little Snake River, in the segment proposed to <br />be depleted, was not of high quality prior to enhancement projects implemented by <br />Three Forks Ranch, <br />2) Channel improvements in the Middle Fork Of the Little Snake River, in the segment <br />proposed to be depleted, have resulted in tioth more and higher quality habitat for <br />aquatic life so the condition of the habitat i~ better than conditions that existed when <br />the CWCB initially appropriated miniml1m stream flows, <br />3) Improvements to the South Fork ofthe Little Snake River, the North Fork of the Little <br />Snake River, and the main stem of the Little Snake River have resulted in vast . <br />improvements to the natural environment and a significant benefit to the fishery, <br />4) The development ofthe Upper Meadows Ditch and Ponds have resulted in deep water <br />habitat where none previously existed which should provide better over-wintering <br />conditions. <br />5) The quantity of new and rehabilitated habitat exceeds the total length (850 feet) of the <br />Middle Fork of the Little Snake River that would be depleted, and likely far exceeds <br />the amount of habitat that could potentially be affected, <br /> <br /> <br />Middle Fork Little Snake, 0.45 miles of the North Fork Little Snake, 6.90 miles of the South <br />Fork Little Snake and 1.90 miles of the Little Snake River, . <br /> <br />Based on hydrologic analyses provided by the Applicant/ it appears that staffs original proposal <br />would result in significant curtailment of the Applicant's water rights. The Applicant indicated <br />that curtailment was unacceptable because it needed a year-round refreshing flow into the Upper <br />Meadow Ponds to maintain fish habitat in the ponds, The Staff concurs that a year round <br />refreshing flow may be necessary to ensure that oxygen levels remain at acceptable levels for fish <br />survival through the winter. This led to a discussion ofIrliury Accepted With Mitil?ation. <br /> <br />Pursuant to Rule 9.43 of the CWCB's Rules and Regulations, the CWCB may accept a proposal <br />for Irliury Acce.pted with Mitigation, The Applicant's Engineer, George Fosha, provided the <br />following in support of a request for Injury Acct;pted with Miti gation: <br /> <br />Based on the site visit and the information provided by Mr, Fosha, the CWCB staff agrees that <br />this project provides a significant benefit to the fish hal)itat of the Little Snake River watershed, <br />i <br /> <br />Pursuant to Rule 9.43, Injury Accepted with Mitigation is a two-meeting process, The first <br />meeting in this process was conducted at the Board'~ July 2001 meeting in Montrose, At the <br />July Board meeting, the Board: <br /> <br />1) Made the preliminary determination that "the natural environment could be preserved <br />to a reasonable degree with the proposed ip,jury or interference if applicant provided <br />mitigation," and ' <br />2) Recommended that the Applicant amend the proposed stipulation before bringing a <br />final proposal to the Board, <br /> <br />. <br /> <br />2 <br />