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k',''" ''''~'' if the mitigation plan is operating than there would have been with development of the Town's existing municipal water rights. The mitigation plan was developed to address only that reach of the San Miguel River above its confluence with Bear Creek. The Town's use of Bridal Veil Creek will not reduce the San Miguel River stream flows below Bear Creek and thus no mitigation is required for this reach. SMVC Comment (CWCB meetina): The mitigation plan will adversely affect the water quality of the upper San Miguel River. Town's Restlonse: Direct flow diversions from Bridal Veil Creek under the described emergency conditions could temporarily increase the concentration of various constituents in the San Miguel River above its confluence with Bear Creek. The water quality within this reach of river has been historically impacted by the presence of mine tailings adjacent to the river. Any impact however, will be limited in scope, temporary in nature, and greatly overshadowed by the positive water quality effects that the Town's proposal provides during the predominant -non emergency" situations. The potential effect on water quality is.temporary in nature as it would occur only during emergency conditions when the Blue Lake supply pipeline has been damaged thereby preventing the Town from using storage water. The potential effect is limited because it will occur infrequently and the mitigation plan would require the Town first to maximize use of all of its other water sources (Le. Mill Creek, Cornet Creek) and invoke its strict water conservation plan prior to using direct flow diversions from Bridal Veil Creek. Additionally, the Town has committed that in no circumstances would it divert more than 1.0 cfs directly from Bridal Veil Creek during emergency conditions if the instream flow is not met. The vast majority of time, the Town's, plans to develop Bridal Veil creek will have a positive effect on the San Miguel River water quality. By foregoing diversions on Bear Creek, water quality conditions in the San Miguel River below its confluence with Bear Creek will be preserved. The high quality water pf Bear Creek helps dilute and reduce metal concentrations in the San Miguel River that are present due to past mining activity. The dilution is particularly important during the late summer through winter low flow periods when stream contributions from high quality snowmelt. is minimal. If the Town were to 'develop its Bear Creek water rights, much of the high quality water available for dilution would be, removed. The net effect would be less stream flow and . higher metal concentrations in the San Miguel River below its 6 c:t/Olt'.-I t>).t>,.qq!'l nl ~)J'l ,t7t> ,~ 1"1. >r-UiJ"l,1 '''' C:~ >H 'It>:t>t 86. Be N1::ff " e e e