Laserfiche WebLink
reliance upon appropriated water, it would be disingenuous to hold that such <br /> appropriations are,,,improper to the extent that they harm public trust <br /> <br /> USeS .... <br /> <br /> Public water supply agencies must develop rights for the use of water based <br /> upon projected needs 20, SO or more years in the future. EBMUD conducted <br /> extensive studies during the 1960's before selecting the American River as an <br /> alternative water supply and executing a contract with .the Bureau. EBHUD's <br /> original decision was based, in large measure, on the quality of water <br /> available from the American River and the certainty of the water Supply un~e~ <br /> the Bureau contract. EBMUD has paid over one million dDllars to maintain the <br /> ContraCt. <br /> <br />The construction and operation of Fol som Reservoir and other upstream <br />reservoirs has enhanced flow in the lower American River during the past 39 <br />years. The higher flow, coupled with the development of the American River <br />Parkway, have resulted in greater public use of the river for rafting, fisni~.~, <br />aesthetic enjoyment and other public trust uses· <br /> <br />While recognizing the value of the enhanced flow in the lower American Riv~.r <br />and the resulting benefit to public trust uses, we conclude that water right <br />Contracts for high quality municipal water should not be modified or set aside_ <br />without g6od cause· In this case, the complainants have failed to demonstrat~ <br />that EBMUD's proposed diversion will cause significant harm to reasonable <br />public trust uses made of the lower American River or that public trust uses <br />will be sustained if EBMUD is prohibited from diverting water via the Folsom- <br />South Canal. <br /> <br /> 22 <br /> <br /> <br />