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<br />#. <br /> <br />Staffs Revised Recommended Findings of Fact and Recommendations for the RICD <br />Application by the Town of Silverthorne. Case No. 5-04CW217. August 2.2005 <br /> <br />Findings of Fact <br /> <br />I. Considering the specific amounts and activities as claimed in the application, the Board makes <br />the following findings about this RICD from May 1 through September 30, wherein 100 cfs is <br />claimed ("Level One Flows") and 600 cfs is claimed for up to four days each of three holiday <br />weekends identified as Memorial Day, Fourth of July and Labor Day weekends ("Level Two <br />Flows"). <br /> <br />a. The Board must consider whether the adjudication and administration of the RICD would <br />impair the ability of Colorado to fully develop and place to consumptive Beneficial Use <br />its Compact Entitlements. The Board makes the finding that the adjudication and <br />administration of the RICD, for the flow amounts and time period specified, may affect <br />the timing, location, and manner in which the State of Colorado will be able to fully <br />develop and place to consumptive Beneficial Use its Compact Entitlements, but with the <br />mitigating terms and conditions, on balance, the RICD will not impair the ability <br />Colorado to fully develop and place to consumptive Beneficial Use it Compact <br />entitlements. The Board makes the following findings about this RICD: <br /> <br />1. There remains unappropriated water that Colorado could consumptively use <br />upstream of the RICD reach but for the RICD water right pulling water down <br />through this reach. The RICD may affect the timing, location and manner in <br />which the State of Colorado will be able to fully develop and place to <br />consumptive beneficial use Colorado's compact entitlements under the Colorado <br />River Compact, the Upper Colorado River Compact, and the associated law of the <br />river. However, the RICD proposed decree: 1) seeks a flow rate for 100 cfs, and <br />600 cfs for a maximum of 12 days a year; 2) operates only during the daylight <br />hours; and, 3) includes triggers such that the Applicant will not impose a call if it <br />will produce less than 90 cfs and if a call will not produce 540 cfs for the Level 2 <br />flows, the Applicant will call for the 100 cfs flow amount. Given these additional <br />terms and conditions, the Board finds that the RICD proposed decree, on balance, <br />mitigates the impacts that affect the ability of the State of Colorado to <br />consumptively use it Compact entitlements; <br />11. The Board finds that the distance of this RICD to the State line is significant, and <br />this demonstrates a factual basis for granting the RICD; <br />111. The RICD is in close proximity to suitable upstream points of diversion and <br />upstream storage that may be put to consumptive beneficial use. Examples are <br />specifically described in the pre-hearing statements filed by Denver, Colorado <br />Springs Utilities, the Colorado River Water Conservation District, the Town of <br />Dillon, and Summit County. Thus, the RICD may affect the timing, location, and <br />manner in which the State of Colorado will be able to fully develop and place to <br />consumptive Beneficial Use its Compact Entitlements. However, the RICD <br />proposed decree: 1) seeks a flow rate for 100 cfs, and 600 cfs for a maximum of <br />12 days a year; 2) operates only during the daylight hours; and, 3) includes <br /> <br />1 <br />