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<br />? <br /> <br />. <br /> <br />. <br /> <br />~ <br /> <br />STATE OF COLORADO <br /> <br />Colorado Water Conservation Board <br /> <br />Department of Natural Resowces <br />1313 Sherman Street, Room 721 <br />Denver, Colorado 80203 <br />Phone: (303) 866-3441 <br />FAX: (303) 866-4474 <br />www.cwcb.state.co.us <br /> <br /> <br />MEMORANDUM <br /> <br />Bill Owens <br />Governor <br /> <br />To: <br /> <br />Colorado Water Conservation Board Members <br /> <br />'(fif <br />Dan Merriman and Linda Bassi ' <br />Stream and Lake Protection Secti <br /> <br />Russell George <br />Executive Director <br /> <br />From: <br /> <br />Rod Kuharich <br />eweB Director <br /> <br />Date: <br /> <br />May 5, 2006 <br /> <br />Rick Brown <br />Acting Deputy <br />Director <br /> <br />Re: <br /> <br />Agenda Item No. 19, May 16-17, 2006 Board Meeting: Instream Flow <br />Subcommittee's Recommendations on Implementation of ISF Rule 8.i(3)- <br />Injury with Mitigation <br /> <br />This memo summarizes the Instream Flow Subcommittee's discussions and conclusions and <br />presents the Subcommittee's recommendations on the implementation ofISF Rule 8i.(3) (Injury <br />with Mitigation). The Subcommittee discussed Injury with Mitigation at its January and March <br />2006 meetings. <br /> <br />1. Goal of an Injury with Mitigation Case Resolution <br /> <br />The Subcommittee concluded that the goal of an Injury with Mitigation resolution is to <br />provide mitigation that enables the CWCB to continue to preserve or improve the natural <br />environment to a reasonable degree in spite of the injury. The plain language of ISF Rule <br />8i.(3) states this goal: ". . . the pretrial resolution will allow iJ1iury or interference to an ISF right, <br />but mitigation offered by the applicant would enable the Board to accept the injury or <br />interference while continuing to preserve or improve the natural environment to a reasonable <br />d " <br />egree. . . <br /> <br />2. Basic Assumptions Regarding Injury With Mitigation Proposals <br /> <br />The following statements summarize the apparent intent of the CWCB in 1993 when it first <br />adopted the Injury with Mitigation rule. The Subcommittee recommends that the Board reaffirm <br />these statements. <br /> <br />a. In an Injury with Mitigation case resolution, the Board accepts less than full protection of <br />an instream flow ("ISF") water right, but no reduction or segmentation of the ISF water <br />right is involved. <br />