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<br />tf!" . <br /> <br />'1a~' <br />'. ;.;"" <br /> <br />WATER RIGHTS APPUCATION, CASE NO. 96CW313 <br /> <br />e <br /> <br />In furtherance of the preferred alternative, the Town filed a water court applicatio,n in Case No. <br /> <br /> <br />96CW313. Simply stated, the application requests the right to divert municipal water supplies <br /> <br /> <br />from the Bridal Veil Creek Basin rather than Bear Creek. Water so diverted will be conveyed to a <br /> <br /> <br />new water treatment plant to be constructed at Pandora (see Figure 1) and used within the Town's <br /> <br />service ares. <br /> <br />Development of a municipal water system that eliminates impacts on Bear Creek will include <br />changes of water rights involving both the Town's municipal water rights and the historic Bridal <br />Veil water rights. The Town's application has thre,e components: <br /> <br />1 . A request for two alternate points of diversion of its Bear Creek municipal rights <br />on Bridal Veil Creek. <br /> <br />2, A request to add municipal use to several of Its senior mining and milling water <br />rights already decreed in Bridal Veil Creek. <br /> <br />3. <br /> <br />, A request for a conditional appropriative right of exchange designed to protect <br />downstream water rights. These three comp.onents and planned mitigation <br />measures are discussed in detail below. <br /> <br />e <br /> <br />1. ALTERNATE POINT OF DIVERSION - BEAR CREEK WATER RIGHTS <br /> <br />The requested alternate points of diversion are located on lower Bridal Veil Creek immediately <br />above the Bridal Veil Falls and at a point just below the discharge of the Bridal Veil hvdroelectrlc <br />power plant.' With development of the alternate points of diversion. the town would forego <br />development of its various municipal water rights on Bear Creek thus preserving streamflows <br />through a 7,600 foot reach of Bear Creek down to its confluence with the San Miguel River. <br />Exercise of the Town's municipal water rights at the proposed alternate point of diversion on Bridal <br />Veil Creek when the eWCB's instreamflow right is not satisfied will impact 7,500 feet of the San <br />Miguel River through an affected reach from the confluence of the San Miguel River with Bear <br />Creek up to it's confluence with Bridal Veil Creek (see Figure 11. The CWCB has an Instreamflow <br />water right of 6.5 cfs which extends through this reach and downstream 9 miles to the confluence <br /> <br />1I1ffNdo.)1 ~ <br /> <br />4 <br /> <br />e <br /> <br />E55i!RESDURCE <br />:::::....01.......1...0 'Ne. ~ <br /> <br />~I_l <br />