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<br />Staffs cRecornrtiel1ded~FindingsofFact,and Recommendations
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<br />I. Considering the specific amounts and activities as claimed in the application, the Board makes
<br />the following findings about this RlCD from May 1 through September 30, wherein ,100 cfs is
<br />claimed ("Level One Flows").
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<br />~ a. The BOaT~ must consider whether the adjudication and administration ofthe RICD would
<br />l ,..,Q,vJl, , QJ;Y -~' ~ p,airth, e abili~ of Colorado to fully develop and pl~ce to consum~ti~e ~eneficial Use
<br />It )/ I Its Compact Entitlements. The Board makes the findmg that the adjudlcatlOn and '
<br />G'~ I ., administration of the RICD, for the flow amounts and time period specified above,'~ ~ vz--r
<br />i \~ ~ ' 'impairtheability of Colorado to fully develop and place to consumptive Beneficial
<br />~ ~ ./ Use its Compact Entitlements. The Board makes the following findings about this RICD
<br />~__-_//' from May 1 through September 30, wherein 100 cfs (Level One Flows) is claimed:
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<br />There remains unappropriated water that Colorado could consumptively use
<br />upstream of the RlCD reach but for the RlCD water right pulling water down \.' :--hLJ'
<br />through this reach under the Level One Flows. The RlCD could impair ~. If" \ .ThJ
<br />.Colorado's, aQility.to fully develop and place to consumptive beneficial use -leJuc e
<br />Colorado's compact entitlemel1ts under the Colorado River Compact, the Upper 1
<br />Colorado River Compact, and the associated law of the river, except that the
<br />RlCD seeks a flow rate for 100 cfs and operates only during the daylight hours,
<br />and the proposed decree includes triggers such that the Applicant will not impose rJ
<br />a call if it will produce less than 90 cfs. Given t,hese additional terms and ~I K I ,
<br />conditions, the Board finds that the RICD does not impair thc ability ofth", Slale .,~
<br />,ef Colt>rado to-eou:swllpli vel, use it Compact entitlements; , ~ f
<br />The Board finds that the distance of this RICD to the State line is significant, and (;110, l c 1 <::> c1-
<br />this demonstrates a factual basis for granting the RICD; l-<~ (O':r~
<br />The RlCD is in close proximity to suitable upstream points of diversion and cZ""fItl L. I
<br />upstream storage that may be put to consumptive beneficial use. Examples are ,5. ~\M. e '
<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. More specifically, the location of Dillon Reservoir
<br />and Old Dillon Resenroir indicates how thisRICD, as applied for, during the
<br />months identified above, could impair Colorado's ability to fully utilize its
<br />compact entitlements. However, the Board finds, on balance, that because the
<br />RlCD seeks a flow rate for 100 cfs, only during the daylight hours which
<br />includes triggers such that the Applicant will not' ca I if it will produce
<br />less than 90 cfs, the RlCD GeCS Rot im . e ability of the State of Colorado to
<br />consumptively use it Compact entitlements;
<br />IV. ... T~e_existence of suitable downstream points of diversion or storage for
<br />consumptive beneficial uses before the water leaves the state supports a fmding
<br />.. __ thatthe RlCD should be granted under this factor. There are numerous
<br />downstream diversions and storage reservoirs that couldbeusoo'sothat'Colorado'
<br />can place to full consumptive use its compact entitlements; and,
<br />Exchange opportunities within the state may be adversely impacted by the
<br />existence of the RICD that could impair Colorado's ability to place to
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