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<br />-~, "<; ~ ;fli <br /> <br />which Telco sought water in Blue Lake was for release to maintain ~ <br />the decreed instream flows. The Town agreed to giant that right of . <br />first refusal in large part in consideration of Telco's willingness <br />to include protections for the instream flows in Telco's <br />augmentation plan for snowmaking diversions. <br /> <br />Storage in Blue Lake reservoir is the centerpiece of the <br />proposed Bridal Veil water supply system. The Town will not spend <br />the substantial, sums necessary to develop the municipal water <br />system unless it is assured that it has the right to store <br />sufficient water in Blue Lake reservoir to satisfy its municipal <br />demands and to meet the conditions imposed in any water court <br />decree or mitigation plan approved by CWCB. Consequently, the <br />CWeB's approval of the mitigation plan and the water court' s <br />approval of the Town's pending water court application are <br />necessary prerequisites to any decision by the Town to go forward <br />with Bridal Veil. <br /> <br />As proposed, the mitigation plan would require the Town <br />to rely on storage whenever the CWCB's instream flow rights are not <br />being met and would prohibit direct flow diversions from Bridal <br />veil Creek except under very narrowly defined emergency <br />circumstances. Once the mitigation plan is approved by the CWeB <br />and incorporated in a court decree, then obviously the Town must <br />assure itself that it has secured sufficient storage in Blue Lake <br />to comply with the mitigation plan and decree. If for any reason ~' <br />the Town does not secure sufficient storage, the Bridal Veil . <br />project will no longer be feasible and the Town may be forced to <br />pursue alternatives to Bridal Veil such as development on Bear <br />Creek under its senior water rights. In that event the mitigation <br />plan would not be implemented and the CWCB's water rights would be <br />in no worse position' than they are today. The Town believes that <br />Bridal Veil is the reasonable alternative for enhancing the overall <br />instream flows in the upper basin. To delay consideration of the <br />mitigation plan would not protect the instream flows and would only, <br />increase the uncertainties facing the Town in its decision among <br />alternatives for meeting its municipal water supply demands. <br /> <br />SMVC Comment (ewes meetinQ): <br /> <br />- <br />The Town has not considered non-injurious alternative <br />sources of water supply. The Town should expand its existing Mill <br />creek treatment plant to meet future commitments rather than use <br />the Bridal Veil system. <br /> <br />Town's Response: <br /> <br />In 1992 and 1993, the Town's consultants conducted an <br />extensive study evaluating the Town's alternatives to meet its <br />water supply needs. In essence, the Town's consultants evaluated <br />five alternative water supplies: two ground water sources, <br />expansion .of the' Town's Mill Creek Or Cornet Creek plants, e <br /> <br />2 <br />