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<br />. <br /> <br />. <br /> <br />- 3 - <br /> <br />3) The Applicant has not yet provided information about how many of these wells were in <br />existence at the time the Board made its appropriation on the Slate River. Wells that were <br />operating prior to the time of the Board's appropriation would qualify as pre-existing <br />uses, thereby reducing the injury that the Board would be accepting. <br /> <br />4) It appears from the Applicant's proposal and proposed decree that none of these <br />approximately 115 units would be permitted to have outside uses, but that should be <br />explicitly stated in the proposed decree. <br /> <br />Staff Recommendation <br /> <br />As stated above, injury with mitigation is a two-meeting process. At the first meeting, the Board <br />may "conduct a preliminary review of the pretrial resolution during any regularly scheduled meeling <br />to determine whether the natural environment could be preserved to a reasonable degree with the <br />proposed injury or interference if applicant provided mitigation." At a subsequent meeting, the <br />Board may "take final action to ratify, refuse to ratify or ratify with additional conditions." While <br />there are several outstanding issues regarding a final evaluation of the proposal presented by the <br />Applicant, the Staff believes that the Board can make its "preliminary" determination. <br /> <br />Therefore, staffrecommends that the Board: <br /> <br />I) Make the preliminary determination that "the natural environment could be preserved to a <br />reasonable degree with the proposed injury or interference if applicant provided mitigation," and <br />2) Encourage the Applicant to work with the CWCB staff, the Division Engineer, and the local <br />community to address any outstanding issues before the Applicant brings a final proposal to the <br />Board. <br /> <br />Attachment <br /> <br />Flood Protection. Water Project Planning and Finance. Stream and Lake Protection <br />Water Supply Protection. Conservation Planning <br />