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RECOMMENDATION <br /> <br />GENERAL <br /> <br />lhe Court's Order for Reference directs the Board to consider physical <br />solutions proposed by the parties or to propose one on its own. A physical <br />SOlutiOn can be defined as an operational plan that equitably apportions water <br />among competing claimants in a water rights dispute. Such plans must maximize <br />the beneficial uses of water. Despite the connotation, a "physical" solution <br />does not necessarily require construction of physical facilities. <br /> <br />The Board requested that the parties submit proposals for a physical solution. <br />EBML)I~ proposed that they be allowed to divert water via the Folsom-South Canal <br />in accordance with "modified" D-1400 instream flow standards. Com=lainants <br />essentially recommended that EBM~ be prohibited from diverting water fram <br />Folsom-South Canal, and instead, obtain water from alternative sources. <br /> <br />RECOhIMEN~[~ PHYSICAL SOL'jTIO:~ <br /> <br />Based on the results of our investigation, we recommend that EBM~D be allo~'_=~ <br />to divert water from the American River via the Folsom-South Canal sub,iect to <br />two conditions. <br /> <br /> 1. The diversion of water by EBMUD from the Folsom-South Canal be <br /> diicontinued when flows in~nediately below Nimbus Dam drop below the <br /> following values: <br /> <br /> a. BOO cfs from July 16 to October 15 <br /> b. 1250 cfs from October lI to July 15 <br /> <br /> 2. The Court should retain continuing jurisdiction of the case to <br /> <br /> reevaluate the proposed physical solution for cause. <br /> <br /> 18 <br /> <br /> <br />