WSPC12959

• File Number: 8230.400.32.2.b
• Description: Silverthorne RICD - 04CW217
• State: CO
• Basin: Colorado Mainstem
• Water Division: 5
• Author: CWCB
• Title: Silverthorne RICD - 04CW217 - Staff Recommended Findings of Fact and Recommendations
• Water Supply Pro - Doc Type: Report/Study

b. The Board must consider whether the RICD appropriation is for an appropriate reach
of stream for the intended use. The Board makes the finding that RlCD appropriation
is for an appropriate reach of stream for the intended use for the flow amounts sought
and the time periods specified above, subject to the condition below. The Board
makes the following fmdings about this RlCD from May 1 through September 30,
wherein 100 cfs (Level One Flows) is claimed:
The Board finds that the Ij-ture and type of recreational activity for which the
RICD is sought ("passage Of recreational watercraft"), and the type of recreational
activity sought is appropriate for the 100 cfs flow rate claimed for this time of
year;
The Board finds that the length of the proposed RlCD is an appropriate reach of
stream.
The Board finds that there are adequate stream gages to measure theRICD;
The Applicant has failed to provide any information demonstrating that the RIeD
would not affect flooding, flood control, or the one-hundred year flood elevations.
However, the Applicant has met with the Board Staff to discuss this matter, and
the Applicant's staff has indicated a willingness to provide all of the necessary
information to demonstrate that the RlCD teach will not affect flooding, flood
control, or the one-hundred year flood elevations. Thus, the Board includes as a
condition of approval that the Applicant will provide all of the necessary
information to demonstrate that the RICD reach will not affect flooding, flood
control, or the one-hundred year flood elevations.

1.

11.

.'". consumptivecbeneficialuse its compact entitlements. ,HQ:wever, the Board finds,
on balance, that because the RlCD seeks a flow rate for 100 cfs and operates only
during daylight hours, and includes triggers such that the Applicant will not
impose a call if it will produce less than 90 cfs, the RlCD does not impair the
ability of the State of Colorado to consumptively use it Compact entitlements.

iii.

IV.

c. The Board must consider whether there is access for recreational in-channel use. The
Board finds that there is adequate access for the RlCD. The Board makes the following
~ findings about this RlCD from May 1 through September 30, wherein 100 cfs (Level One
? Flows) is claimed:
~ t~~ .J"' r i. Th~ ~?ard dete~es that the nature and extent of the access required for the
f ~ actIVltIes sought IS proper;
y 11. The Applicant has demonstrated ownership, leasehold, other legal interest, or
powers of condemnation held by, or available to the Applicant, for purposes of
obtaining access. As such, the Board finds that there is adequate access for the
RlCD; and,
111. The Board finds that there are no impediments for the Applicant obtaining
--. ---- adequate access.

d. The Board must consider whether the exercise ofthe RICD would cause material injury
to existing ISF water rights. The Board makes the following findings about this RICD
from May 1 through September 30, wherein 100 cfs (Level One Flows) is claimed:

2