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WSPC12959
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Entry Properties
Last modified
1/26/2010 4:35:00 PM
Creation date
4/24/2008 12:38:04 PM
Metadata
Fields
Template:
Water Supply Protection
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
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<br />ii;.' ':3:he:Board::finds;thatthe.PfQPQsed.RICPappropri~ti()n..J()rtl1eJlowm.n:ount <br />sought and the time period specified will promote maximum utilization although <br />there are probable future changes, transfers, or exchanges of water rights from <br />points of diversion downstream ofthe reach affected by the RlCD to points <br />upstream of Of in the reach affected by the RICD. Due to the 100 cfs flow amount <br />sought for daylight hours and the imposition of triggers whereby the Applicant <br />will not seek to enforce this water right if it will not produce at least 90 cfs, the <br />Board finds that there is adequate opportunity to allow future changes, transfers, <br />and exchanges of water from points located downstream ofthe RICD to points <br />located upstream of the RICD; <br />111. The RlCD should not be denied because of any federal policies, regulations and <br /> <br />'r" Tlahws Baffecdt orfiwdill bthe affithected by thedRIRICDC;D . . . <br />e oar m s at e propose appropnatlOn promotes maxrmum <br />utilization of Colorado's water resources because the Applicant . has used a <br />_reasona~le n.!.~ans to use, divert-,~apture and control the water for a RICD so as to <br />minimize its call upon the river and avoid waste; <br />G The Board finds that there is a reasonable demand for the recreational activities <br />sought for this time period at the flow rates specified above; <br />V1. tiieI30ardfiIldsthaf the applic;ationhas appropriate limitations upon the time of <br />day; days per month, and seasons during which the RICD would be exercised. <br />More specifically, the request for summer time flows and daytime flows only and <br />the triggers (such as the Board approved in the Longmont decree) promote <br />maximum utilization; <br />Vll. The flow rate of the proposed RICD promotes maximum utilization because of its <br />appropriate limits; <br />The frequency and duration of the requested amounts of water for the RICD for <br />this time period promotes maximum utilization; and, <br />The economic effect ofthe proposed RICD does not serve as a factual basis for <br />the Board to determine that the RlCD should be denied or granted under this <br />factor., <br /> <br /> <br />// <br />i <br />~. <br /> <br /> <br /> <br />II. Considering the specific amounts and activities as claimed in. the application, the Board <br />wakes the following findings about this RICD for the three holiday weekends, wherein 600 <br />cfs ('~L~~~l Two Plows") isclalinec1." .. <br /> <br />k. <br /> <br />a. The Board must consider whether the adjudication and administration ofthe 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 above, would <br />not impair the ability of Colorado to fully develop and place to consumptive Beneficial <br />Use its Compact Entitlements. The Board makes the following findings abouUhis .RlCD~- --. <br />for the three holiday weekends, wherein 600 cfs (Level Two Flows) is claimed: <br /> <br />1. There remains unappropriated water that Colorado could consumptively use, <br />upstream ofthe RICD reach but for the RICD water right pulling water down <br />through this reach under the Level Two Flows. The RICD could impair <br /> <br />4 <br />
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