WSPC58

• File Number: 8230.400.21
• Description: Colorado River Litigation - State, Division 4 Water Court Cases - Steamboat RICD
• State: CO
• Basin: Yampa/White
• Water Division: 6
• Date: 9/16/2005
• Author: CWCB
• Title: Staffs Revised Recommended Findings of Fact and Recommendations for the RICD Application by the City of Steamboat Springs, Case No 6-03CW86, September 16, 2005
• Water Supply Pro - Doc Type: Report/Study

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maximize beneficial use of Colorado's water resources. However, the
RICD proposed decree: 1) seeks a flow rate for 95-100 cfs for tubing; 2)
operates only from 8:00 am until 8:00 pm; 3) includes a trigger provision
such that the Applicant will not impose a call if it will produce less than
85 cfs; and, 4) only seeks a water right for tubing from July 15 through
August 15. Given these additional terms and conditions, the Board finds
that the RICD proposed decree for tubing, on balance, promotes maximum
utilization.
11. The Board finds that there are probable future changes, transfers, or
exchanges of water rights from points of diversion downstream of the
reach affected by the RICD to points upstream of or in the reach affected
by the RICD. Thus, the RICD may affect the timing, location and manner
in which the State of Colorado will be able to maximize beneficial use of
Colorado's water resources. However, the RICD proposed decree: 1)
seeks a flow rate for 95-100 cfs; 2) operates only from 8 am until 8 pm; 3)
includes triggers such that the Applicant will not impose a call if it will
produce less than 85 cfs; and 4) only seeks a water right for tubing from
July 15 through August 15. Given these additional terms and conditions,
the Board finds that the RICD proposed decree for tubing, on balance,
promotes maximum utilization.
111. The RICD for tubing should not be denied because of any federal policies,
regulations and laws affect or will be affected by the RICD.
IV. The Board finds that the proposed RICD appropriation for tubing
promotes maximum utilization of Colorado's water resources because the
Applicant has used a reasonable means to use, divert, capture and control
the water for a RICD for tubing, so as to minimize its call upon the river
and avoid waste.
v. The Board finds that there is a reasonable demand for the tubing activities
sought for this time period at the flow rates specified.
VI. The Board finds that the application has appropriate limitations upon the
time of day, days per month, and seasons during which the RICD would
be exercised for tubing. The RICD may affect the timing, location and
manner in which the State of Colorado will be able to maximize beneficial
use of Colorado's water resources. However, the RICD proposed decree:
1) seeks a flow rate for 95-100 cfs; 2) operates only from 8 am until 8 pm;
3) includes triggers such that the Applicant will not impose a call if it will
produce less than 85 cfs; and, 4) only seeks a water right for tubing from
July 15 through August 15. Given these additional terms and conditions,
the Board finds that the RICD proposed decree for tubing, on balance,
promotes maximum utilization;
V11. The flow rate of the proposed RICD may affect the timing, location and
manner in which the State of Colorado will be able to maximize beneficial
use of Colorado's water resources. However, the RICD proposed decree:
1) seeks a flow rate for 95-100 cfs, 2) operates only from 8 am until 8 pm;
3) includes triggers such that the Applicant will not impose a call if it will
produce less than 85 cfs; and, 4) only seeks a water right for tubing from