BOARD00054

• Board Meeting Date: 1/12/1998
• Description: ISF Section - Acceptance of Injury with Mitigation
• Board Meetings - Doc Type: Memo

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POTENTIAL IMPACT ON cwes WATER RIGHTS

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The proposed terms and conditions described in No. 1 and 2 above will protect ewCB water: rights

from injury due to the Town's request for altemate points of diversion and addition of municipal
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use to it's Bridal Veil Creek water rights. The exchange described in No.3 however. does create
potential for injury if the Town exercised it's direct flow Bridal Veil water rights under the exchange
at a time that the San Miguel River above Bear Creek WlUl flowing less ,than 6.5 cfs.

Hydrologic studies of the San Miguel River indicate that streamflows within the 7.500 feet

exchange reach can drop below 6.5 cfs late July through spring. During this period. the Town's

potential water demand from the new Bridal Veil water system varies from 1 to 2 cfs. This

represents the extent of potential injury to CWCB rights should the Town have to rely on direct

flow diversions from Bridal Veil Creek. However, as described more fully in the mitigation plan

outlined below, the Town proposes to utilize storage releases as its source of supply during the
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exchange. When the water supply originates from stC!rage releases, there will be no depletion to
the river system and consequently !l2 injury will occur to ewcs rights.

MmGATION PlAN

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A mitigation plan has been developed. that IIIoill, under all normal operating conditions, prevent injury
to CWCS water rights in the upper San Miguel River. The mitigation plan will be initiated at such
time that the water right changes requested in Case No. 96CW31 3 are decreed by the court and
the Town has developed and is capable of delivering municipal water supplies from Bridal Veil
Creek.

1. UTILIZATION OF STORAGE WATER DURING LOW flOW PERIODS

The Town proposes ta avoid injury to CWCB water rightS u.nder the praposed Bridal Veil exchange
by utilizing upstream storage releases for its municipal supply during law floiN periods. By allowing
the Town ta continue to operate under its senior Bridal Veil water rightS, the To~n can release
reservoir storage from Blue Lake, convey it through existing pipelines and deliver it directly Inta a'
new water treatment pla"t located near Pandora. Blue Leke has an active capacity of 3,900 AF
and can easily accammodate the Town's entire water demand during low flow periods. Depletions

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