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<br />!")-:""<-: <br /> <br />,t,~~~~ <br />-'::">.,~ <br /> <br />MOSES, WITTEMYER, HARRISON AND WOODRUFF, P. C. <br /> <br />Colorado Water Conservation Board <br />January 20, 1998 <br />Page 2 <br /> <br />e <br /> <br />understanding that staff's remaining issues were addressed at that <br />meeting. <br /> <br />The Town has made a substantial effort to respond to all <br />issues raised by the public, whether or not those issues are <br />pertinent to the protection of the ewes's instream flow rights. <br />The only relevant question before the Board, however, is whether <br />the Town! s proposed development of the Bridal Veil water system <br />will injure ewcs's instream flow water rights and, if so, whether <br />the Town's proposed ltlitigation plan "would enable the Board to <br />accept the injury or interference while continuing to preserve the <br />natural environIllent to a reasonable deqree" as provided in 59.43 of <br />the Board's instream flow rules. <br /> <br />The Town has acknowledged that, during very narrowly <br />defined emergency circumstances, the Town may have to make direct <br />flow diversions from Bridal Veil Creek Which may impact a limited <br />reach of the Board's instream flow right in the San Miguel River. <br />To address this narrow windOW of injury, the Town has proposed a <br />mitigation plan which meets the standard :set forth in S9.43 of the <br />Boat'd's instream flow rules. Once implemented, the proposed __ <br />mitigation plan will not only preserve, but will actually enhance, <br />a significant reach of the San Miguel River by making increased <br />flows available to the reach at critical times. . <br /> <br />The Town has explored all feasible alternatives to <br />eliminate all injury to the affected reach and has found that no <br />reasonable alternative exists.1 For this reason, the Town seeks <br />the Board's approval of the mitigation plan. TO minimize the <br />likelihood and extent of impact to the affe.cted reach, the plan <br />narrowly defines "emergency conditions" and imposes strict limits <br />to the duration and magnitude of emergency diversions so that only <br />the Town's most basic potable water needs will be met during such <br />conditions. <br /> <br />Given the limited potential for injury to the affected <br />reach. the absence of any reasonable alternatives to such potential <br />injury, and the ben~fit Which implementation of the proposed <br />mitigation plan would have on the non-affected reach of the San <br />Miguel River and on Bear Creek, the Boar.d's approval of injury with <br />mitigation pursuant to 59.43 of the ewcs's instream flow rules is <br />more than justified. <br /> <br />1 The Town's evaluation of alternatives is included in the ~ <br />proposed mitigation plan. .., <br /> <br />CT..<'~...J <br /> <br />....'+7'""000 nl ct:.)!:t C"f7f7 C"~ I~ )l'::I11.r:l11 Tm =c::ru.1 ).1-' ;"~f'7t ~~. ~?' I>JHr <br />