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BOARD02627
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Last modified
8/16/2009 3:17:38 PM
Creation date
10/4/2006 7:18:03 AM
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Board Meetings
Board Meeting Date
1/25/2005
Description
ISF Section - Instream Flow Strategic Plan Workshop
Board Meetings - Doc Type
Other
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<br />I"c-~ ,~."c- legal pcroleclion <br /> <br />,,-~ _ ~t ~'" , <br /> <br />Description of Program Area <br /> <br />This program area focuses on protecting all of the Board's instream flow and natural lake <br />level water rights from injury, including both appropriated or acquired water rights. This is <br />accomplished by reviewing the Water Court resume for each of the seven water divisions, and <br />evaluating every water right application for potential impacts to the Board's water rights. If staff <br />identifies a potentially injurious application, staff will file a Statement of Opposition with the Water <br />Court and seek ratification by the CWCB at a subsequent Board meeting. The Board staff and the <br />State Attorney General's Office will attempt to work with an applicant to develop terms and <br />conditions to allow the application to go forward while providing full protection for the ISF rights. In <br />cases where the parties cannot agree on adequate terms and conditions, staff will seek <br />authorization from the Board and coordinate with the Attorney General's Office to pursue litigation. <br /> <br />This program area also resolves contested new appropriations in both administrative and <br />water court proceedings, and works with the Physical Protection staff to enforce stipulations and <br />decrees to protect and administer the Board's instream flow water rights. <br /> <br />Program Applications <br /> <br />Issues and Challenges <br /> <br />~ Coordinate with Division Engineers to <br />ensure enforcement of protective terms and <br />conditions in stipulations and decrees. <br /> <br />~ Reduce number of Statements of Opposition <br />filed by encouraging pre-filing consultation <br />with staff to address ISF related issues in <br />water court applications. <br /> <br />~ File Statements of Opposition to protect the <br />Board's water rights. On average, staff files <br />. 30-40 Statements of Opposition per year. <br /> <br />~ De minimis impacts to the Board's water <br />rights. <br /> <br />~ Resolve opposed cases to provide full <br />protection of the Board's water rights. On <br />average, 99% of opposed cases are <br />resolved without the need to proceed to trial. <br /> <br />~ Inundation of instream flow or natural <br />lake level water rights. <br /> <br />~ Injury accepted with mitigation. <br /> <br />~ Maintain database to track de minimis <br />impacts to instream flow and natural lake <br />level water rights. <br /> <br />~ Education and outreach. <br /> <br />~ Review and comment on proposed <br />Substitute Water Supply Plans to prevent <br />injUry to the Board's water rights. <br />
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