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<br />" <br /> <br />-4 - <br /> <br />or take any other action that would reduce flows in the affected stream below the decreed <br />ISF amount-in other words, the Board would no longer accept the injury because the . <br />mitigation no longer would be in effect. . <br />e. A term providing that the water court will retain jurisdiction to enforce the provisions of <br />the stipulation as a water matter. . <br />f. A requirement that the proponent install (or commit to pay operation and maintenance <br />costs if the CWCB installs) any measuring devices deemed necessary by the Division <br />Engineer to administer the terms of the stipulation and decree implementing the Injury <br />with Mitigation pretrial resolution. <br />g. Where applicable, a statement that the proponent's use of its water rights (or other <br />relevant acts) shall not be deemed to injure the ISF water right due to the mitigation <br />provided by the proponent. <br /> <br />6. Circumstances Under Which Off-site Mitigation Might Be Acceptable <br /> <br />The Subcommittee discussed the question of when off-site; mitigation would be <br />acceptable. The Subcommittee recommends that the Board consider off-site mitigation as a last <br />resort and that it only consider mitigation in an area other than the affected stream reach if no <br />reasonable alternative exists for mitigation on the affected stream reach. Factors that the Board <br />might consider in looking at such a proposal include the degree and frequency of impact to the <br />affected stream, the environmental benefits provided to the off-site stream by the mitigation and <br />whether the proposal could, in effect, constitute a modification of the ISF water right on the <br />affected stream or result in a selective subordination of the affected ISF water right. <br /> <br />Subcommittee Recommendation <br /> <br />:1 <br /> <br />The ISF Subcommittee recommends that the Board concur with the above-described <br />approach to implementing ISF Rule 8i(3) (Injury with Mitigation). <br /> <br />\. <br /> <br />Flood Protection. Water Project Planning and Finance. Stream and lake Protection <br />Water Supply Protection. Conservation Planning <br />