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.- June 21, 2006 for SWCD Special Board Meeting Barry Spear, Attorney Southwestern Water Conservation District 835 East Second Avenue, #123 Durango, Colorado 81301 RE: Evaluation of City of Durango's RICD Water Right Application for CWCB Hearing Dear Mr. Spear: This letter is my technical evaluation of the City of Durango's Recreation In Channel Diversion water right application (RICD) for the July 24, 2006 CWCB hearing on the application. The letter is separated into sections; Section 1 - evaluation of how the RICD will cause an impairment of Colorado's ability to utilize its Colorado River Compact apportionment; Section 2 - an evaluation of whether Durango has provt::n the RICD only provides the minimum flow necessary for a reasonable recreation experience; Section 3 - is a summary of why the CWCB Board should recommend denial of the RICD water right. SECTION 1 COMPACT IMPAIRMENT EVALUATION The City of Durango has filed a water rights application in Water Division 7, Case No. 06CW09, to obtain a Recreation In Channel Diversion (RICD) water right on the Animas River. The location of the water right is approximately 20 miles upstream of the ColoradolNew Mexico stateline. CRS ~ (SB 216) states that in considering whether to decree an RICD, the Water Court shall consider: Whether the adjudication and administration of the recreational in-channel diversion would impair the ability of Colorado to fully develop and place to consumptive beneficial use its compact entitlements This section first describes the compacts that may be applicable to the Compact analyis, then utilizes two methodologies to evaluate whether the Durango RICD would impair Colorado's ability to utilize its Compact entitlements and evaluates the Durango methodologies to evaluate Compact Impairment.