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<br />r <br /> <br />I <br />" <br /> <br />Durango RICD <br /> <br />September 7, 2007 <br /> <br />Mr. Barry Spear, Esq. <br />Maynes, Bradford, Shipps & Sheftel LLP <br />835 E. Second Ave., Suite 123 <br />P.O. Box 2717 <br />Durango, CO 81302 <br /> <br />RE: Review of Submitted Information related to the Durango RICO <br /> <br />Dear Mr. Spear: <br /> <br />You have asked for a review of Recreation Engineering and Planning's (REP) design of the <br />Durango RICD as presented in various documents including: a memorandum dated January 12, <br />2007 from Scott Shipley to Ronni Sperling (Rebuttal); the REP Report on the Design, <br />Functionality, and Physical Characteristics of the Durango Boating Park as it Relates to the <br />RICD Application - September 8, 2006 (9/8/06 Report); and the REP Detail Design Report for <br />the Durango Boating Park, September 1, 2006 (Design Report). The review is with respect to <br />Senate Bill 216 and the ruling in Colorado Water Conservation Board v. Upper Gunnison River <br />Water Conservancy District., l.O~....~A~ (Co~2005) (S.upreme Court Decision). <br />, <br /> <br />A summary of my opinions and their bases follows: <br /> <br />Opinions and Basis For Opinions <br /> <br />Opinion #1. <br /> <br />The level of design and detail that the applicant has provided for review is unclear. <br /> <br />Basis of Opinion <br />On page 7 of the Rebuttal it states: "At present, the designfor the Boating Park is complete, has <br />all of the details required to construct the project in a robust and precise manner, and will <br />proceed according to best practice construction" <br /> <br />On page 28 of the 9/9/06 Report it states: The V-Structures that are specified have not been <br />specifically designed.......... At this preliminary stage of the design the Weir Equation can be <br />used to give a general indication of the shapes of the structures. <br /> <br />Legal Basis <br />SB 216: <br />SB 216: <br />SB 216: <br />SB 216: <br />SB 216: <br /> <br />Supreme Court Decision: <br /> <br />Appropriate Reach of the Stream Required for the Intended Use. <br />(10.3) Capture and Control <br />Access for Recreational In-Channel Use. <br />Section 2,37-92-103, (4) Beneficial Use <br />Section 2, 37-92-103,(10.3), Recreational In-channel Diversion <br />Means... <br />Minimum Flow Rate <br />