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EXECUTIVE SUMMARY <br /> LOWER AMERICAN RIVER COURT REFERENCE <br /> <br /> SUMMARY <br /> <br />This is a sun~ary of the Draft Report of Referee (Draft Report) which has beer <br />prepared by the staff of the State Water Resources Control Board (Board} at <br />request of the Alameda County Superior C~drt. The Draft Report evaluates <br />issues in the lawsuit relating to the proposed use of water from the Ame.~ic_ <br />River by the East Bay Municipal Utility District (EBblUg). <br /> <br />In 1970, EBMUD signe~ a contract with the U. S. Bureau of P.e:lamation that <br />provides for the annual delivery of 150,000 acre-feet of water via the Fcl s:.-- <br />South Canal located near Folsom Reservoir. In 1972, the Environmental ~efe-se <br />Fund and others filed a lawsuit which seeks to prevent EB~.'J~ fro.n dive*ti~: <br />water from the American )~iver. In late 19~-', the court appainte3 the Ee~: ~_~ <br />referee and directed the Board to conduct an investigation and pr.:pa~e a <br />of Referee on 21 specific legal, technical and public trust issues. <br /> <br />Based on the results of the investigation, it is recommended that EB~'~_~ b~ <br />allowed to divert water from the American F~iver at FolsDm-South Canal <br />that certain instream flow standards are maintained in the lower American <br />River. There are several reasons for this recomme. ndation. <br /> <br />This case involves complex legal and technical issues. The law and the facts <br />require a "balancing" between competing uses of water to maximize beneficia~ <br />uses of the waters Of the state, under Article X, Section 2, of the Califerni~ <br />Constitution. %ie believe that it is reasonable to allow EB~IL~ to obtain its <br />water via the Folsom-South Canal. E.~ML~3 has a need for a supplemental <br /> <br />of w~ter an.~ the ou.:lity air t~e *-,~eriC3n River water will ninim. i:.: <br /> <br /> <br />