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RATIOIIALE FOP. THE PHYSICAL SOLUTION <br /> <br /> The following briefly summarizes the Board's rationale for the proposed <br /> <br /> physical solution. <br /> <br />Constitutional Requirements Relating to Use of Water Perhaps the central <br />issue in this lawsuit relates to the constitutional provisions relating to-the <br />reasonable use of water. The State Constitution requires "that the water <br />resources of the State be put to beneficial use to the fullest extent of w~ich <br />they are capable" and proscribes the "unreasonable" use of water. A determina- <br />tion of reasonableness requires an assessment of whether EBMUD's proposed <br />diversion can be made in a manner that will make the fullest beneficial use of <br />water and avoid or minimize harm to public trust uses. A determination of <br />reasonableness requires consideration of all relevant factors including cost, <br />water quality, and environmental impacts. <br /> <br />Maximizing beneficial uses of water r.~quires a weighing and balancing oF <br />competing uses of water. In this case, EBMUD's need to obtain high quality <br />water for municipal use must be balanced against the need to maintain flo~' in <br />the lower American River for public trust uses. <br /> <br />The American River is a valuable public resource that provides a wide variety <br />of public trust uses. EBMUD's proposed diversion will cause some reduction in <br />the flow available for existing public trust uses of the River. On the Other <br />hand, EBMUD has a need for additional high quality water to meet future <br />demands. Of the sources of water available to EBMUD, the American River has <br />the best quality water and poses the lowest public health risk. <br /> <br /> 19 <br /> <br /> <br />