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124.1 PURPOSE

The purpose of these regulations is to provide that new development not cause the reduction of stream flows below the minimum levels required to protect any identified fish habitat. (Former Section CZ#A314-38(A))

124.2 APPLICATION

The provisions of these regulations shall apply to new development which is proposed to be supported by water withdrawn from any anadromous fish stream. (Former Section CZ#A314-38(B))

124.3 LIMITATION OF DEVELOPMENT DEPENDENT UPON WATER WITHDRAWALS

Development which is proposed to be supported by water withdrawn from an anadromous fish stream shall be permitted only if such withdrawals will not have a significant impact on in-stream flow regimes and coastal resources. Such developments shall, overall, maintain in-basin beneficial uses of water, enhance in-stream beneficial uses of water, where feasible, and prevent significant adverse effects upon coastal resources. (Former Section CZ#A314-38(C))

124.4 REQUIRED FINDINGS

Development dependent upon water withdrawn from anadromous streams shall be approved only if the Resource Protection Impact Findings in Chapter 2, Procedures, are made. (Former Section CZ#A314-38(D))

124.5 REQUIRED MITIGATION

Development dependent upon water withdrawals from anadromous fish streams shall at a minimum, incorporate the following mitigation measures: (Former Section CZ#A314-38(E))

124.5.1Minimum stream flows necessary to protect the anadromous stream population shall be maintained; (Former Section CZ#A314-38(E)(1))

124.5.2The timing of water withdrawals will not cause stream flows to fall below minimum levels required for the habitat. (Former Section CZ#A314-38(E)(2))