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<br />Stall's Revised Recol1ullended Findings of Fact and Recommendations for the RICD <br />Application by the Town of Silverthorne. Case No. 5-04CW2l7. August 2. 2005 <br /> <br />Findings of Fact <br /> <br />I. Considering the specific amounts and acti....itics as c1aimcd in the application, the Board makes <br />the following findings about this RICO from May I through Scptember 3D, wherein 100 cfs is <br />chlimcd ("Lcvel 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 mllst consider whcther the adjudication and administration of the RleD would <br />impair the ability of Colorado to fully develop and place to consumptive Bcneficial Use <br />its Compact Entitlemcnts. The Hoard makes the finding that the adjudication and <br />administration of the RICO, for the llow amounts and time period spccified-itb6Y1:', may <br />affect the timing, location. and manner in which the State of Colorado will be able <br />toweWd-net-HHfloir the 8bility of-Gektt=9tkHe fully develop and place to consumptive <br />Bcncficial Use its Compact Entitlements. but with the mitigating terms and conditions. on <br />balance. the RICO will not impair the ability Colorado to fullv develop and place to <br />consumptive Beneficial Use it Compact entitlements. The Board makes the following <br />findings about this RICD from May--Hhrough September 30, wfleretfl..-...{)(}-.efs.(L~'Iel One <br />Flows) i.claimed: <br /> <br />l. There remains unappropriated water that Colorado could consumptively use <br />upstream of the RICD reach but for the RICO water right pulling water down <br />through this reach-undert-he I."'i'el--Gtle-~. The RICO eouId-itttpai-f-may <br />affect the timing. location and manner in which the State of Colorado will be able <br />to Col(lra(~fully develop and place to consumptive beneficial use <br />Colorado's compact entitlements under the Colorado River Compact. the Upper <br />Colorado River Compact, and the associated law of the river.; ~X~ <br />t-katllowever. the RICD proposed decree: I) seeks a llow rate for 100 crs, and 600 <br />cfs for a maximum of 12 days a year: 8fld~ operates only during the daylight <br />hours;~ and~eposl'(l decree includes triggers such that the Applicant will <br />not impose a call ifit will produce less thal190 cfs and if a call will not produce <br />540 cfs for the Level 2 flows. the Applicant will cal1 for the 100 crs flow amount. <br />Given these additional tenns and conditions, the Board finds that the RICD <br />proposed decree. on balance. mithmtes the impacts does not imlHHr that affect the <br />ability of the State of Colorado to consumptively use it Compact entitlements; <br />II. 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 RICO; <br />111. The RICO is in close proximity to suitable upstream points of diversion and <br />upstream storage that may be put to consumptive beneficial use. Examples arc <br />specifically described in the pre.hearing statements filed by Denver. Colorado <br />Springs Utilities. the Colorado River W;.1ter Conservation District, the Town of <br />Dillon. and SUlllmit County. Thus. the RICD may affect the timinlo!:. location. and <br />manner in which the State of Colomdo will be tlble to fully develop and place to <br /> <br />, <br />