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<br />,,".,,~ <br />~-< ~:~ <br /> <br />exchange. When operating the exchange, the Town will bypass <br />diversions at Bear Creek, Mill Creek and Cornet Creek so as to e <br />prevent injury to the reach of the San Miguel River below Bear <br />Creek. To'effectuate the bypass, the Town needs to retain the.Bear <br />Creek point of diversion. <br /> <br />Again. the intent of the Town is to forego the right to <br />develop a municipal water supply at Bear Creek if the .Bridal Veil <br />water supply is developed. o:r:he Town will agree to any language <br />necessary to effectuate that intent, while preserving the right to <br />operate the proposed bypass at Bear Creek. <br /> <br />cwes Staff's Ouestion: <br /> <br />Please define the "emergency" conditions under which the <br />Town will make direct stream diversions from Bridal Veil Creek and <br />the "window" proposed for said diversions. <br /> <br />Town's Response: <br /> <br />Scott Fifer is in the process of amending the Town's <br />proposed mitigation plan to more precisely define the "emergency <br />,conditions." In essence, to qualify as an "emergency" within the <br />meaning of the mitigation plan, the following circumstances must be <br />present: <br /> <br />1. The Blue Lake Pipeline has either been damaged or ~ <br />is non-operational due to climatic or physical ,., <br />. conditions at the site. <br /> <br />2. Due to the damage or non-operation of the pipeline, <br />the Town's water supply is insufficient to meet the <br />needs of the population for the duration of the <br />emergency, after the Town's Mill Creek and Cornet <br />Creek plants are operated to their maximum <br />available capacity and strict conservation measures <br />set forth 'in Section 13.30.040 of the Town's Water <br />Conservation Code have been imposed by Town <br />Council. <br /> <br />3 . The emergency occurs within the period beginningi-n <br />mid-October and ending 'in mid-April, inclusive. <br /> <br />Diversions under,emergency conditions will in no event <br />exceed 1.0 cfs and will not be prolonged ',from one period to the <br />next based on the same emergency occurrence. For example, if the <br />pipeline is damaged in February of one year, the Town will make any <br />.necessary repairs before October 31 of the same year. If the Town <br />fails to make such repairs, the Town will not be able to claim an <br />emergency during the subsequent year based on the damage that <br />occurred in February of the preceding year. <br /> <br />10 <br /> <br />e <br /> <br />-. ........ . <br /> <br />............--. <br /> <br />"'''-'''' -....... ....--_. ._ ..-..-..._ ____. ..., _............ ,..".. ".., LILJ'" <br />