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<br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br /> <br />INTRODUCTION <br /> <br />On behalf of the City of Durango (City), W. W. Wheeler and Associates, Inc. has <br />performed a hydrology study of a proposed recreational in-channel diversion (RICD) <br />water right for the City's Boating Park. Our study evaluated the streamflow available for <br />appropriation at the Boating Park, the potential impact on other water rights, and <br />Colorado's ability to fully develop its entitlement under the Upper Colorado River <br />Compact. Calculations were performed to address the statutory factors considered by <br />the Colorado Water Conservation Board (CWCB) and the Water Court in their <br />evaluations of RICD water rights applications. <br /> <br />RICD Rules <br /> <br />When adjudicating RICD applications, the Water Court must consider five <br />factors, as listed below: <br /> <br />1) Whether the adjudication and administration of the RICD, in the amounts <br />claimed, would impair the ability of Colorado to fully develop and place to <br />consumptive beneficial use its compact entitlements. <br /> <br />2) Whether the RICD appropriation is for an appropriate reach of stream for the <br />intended use. <br /> <br />3) Whether there is access for recreational in-channel use. <br /> <br />4) Whether the exercise of the RICD would cause material injury to existing <br />instream flow water rights. <br /> <br />5) Whether the adjudication and administration of the RICD, in the amounts <br />claimed, would promote maximum utilization of the waters of the State. <br /> <br />The CWCB currently has the statutory authority to review all RICD applications <br />and submit its recommendations to the Water Court prior to the entry of any decree. <br />Under this authority, the CWCB has developed rules listing the procedures followed and <br />the information considered during the CWCB review process. The City's RICD <br />application will be subject to the most recent CWCB Rules (November 2005), included in <br />Appendix A. <br /> <br />1 <br />