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<br />e <br /> <br />e <br /> <br />e <br /> <br />. <br /> <br />Creek will be left undeveloped. SMVC seemed to be arguing that, <br />because the Town would get what it wants, both the protection of <br />Bear Creek and the development of a reliable municipal supply, it <br />must not be "giving up. enough to constitute true mitigation. This <br />matter was discussed fully at the meeting on Friday, January 9. <br />Mr. Felt, SMVC's attorney, stated that SMVC merely wanted the Town <br />to be forthright in acknowledging that it would not likely develop <br />the Bear Creek alternative in any event. We believe the Town has <br />been forthright in stating its preference for the Bridal Veil <br />alternative, while not ruling out development of Bear Creek. <br /> <br />The Town urges the cwes and staff to evaluate the Town's <br />proposal on its merits. The Town's relinquishment of its right to <br />develop a municipal water system on Bear Creek if the Bridal Veil <br />system is developed will ensure protection of the CWCB's present <br />and future instream flow rights in Bear Creek regardless of the <br />political or economic circumstances in the future. <br /> <br />SMVC Comment (cwes meetinQ') : <br /> <br />Implementation of the mitigation plan will indirectly <br />~nJure SMVC's water rights. SMVC relies on the 6.5 cfs instream <br />flow water right and any loss of flow will cause a problem. <br /> <br />Town's Rest)onse: <br /> <br />The relevance of this comment is difficult to ascertain. <br />The Board's concern in this proceeding is protection of the <br />instream flow rights, not SMVC's rights. SMVC is an objector in <br />the Town's water court case. The water court, not the cwes, is,the <br />proper forum to address SMVC's concerns over potential injury to <br />its own water rights. <br /> <br />In any event, as we explained to SMVC at the meeting last <br />Friday, the Town's plan to use Bridal Veil Creek water supplies <br />will not diminish the stream flow through SMVC property and in <br />fact, will result in increased flows the majority of time. The <br />increased flows occur because the Town will rely on storage <br />releases from Blue Lake Reservoir rather than on direct flow <br />diversions from its senior municipal water rights. Use of the <br />storage water will help preserve stream flows by reducing or <br />eliminating the Town's direct flow diversions at the Town's Bear <br />Creek or Cornet Creek decreed points of diversion. both of which <br />are above SMVC's property. <br /> <br />The stream flow through SMVC's property will not be <br />reduced even when the Town is forced to make direct flow diversions <br />from Bridal Veil Creek under the emergency conditions described in <br />the mitigation plan. Such direct flow diversions will be replaced <br />by the Town on a one-to-one basis by foregoing diversions from its <br />other municipal water rights. In other words, there.~ill be no <br />less flow entering the SMVC property through the San Miguel River <br /> <br />5 <br /> <br />......'-L..___..... ........... _......... _....__. ._ ,,_,,_..__ ____.. .,. _. ._ __ __ .M.... <br />