Laserfiche WebLink
<br />111. Uased on infomlation provided by the Applicant. Trout Unlimited. and the now, <br />the Board finds that the RICO would not negatively impact the natuml <br />environment for which the ISF \vas decreed as long as the Applicant includes the <br />teml and condition regarding ramping mtes included in the Proposed Decree and <br />as further clarified by the now that the fampimt language should almly to all <br />three holiday weekends. and as further described in the Recommendat!.Q-'!~ <br />section. below; and, <br />IV. The Board finds that the RICD could affect the natural environment that the ISF <br />protects during the construction process, so the Board conditions this factor on the <br />Applicant consulting with the DOW and the eWCB before and during the <br />construction of the RICO structures to assure that the RICD construction will not <br />injufC the natural environment that the ISF protects. This condition is also <br />described in the Recommendations section. below. <br /> <br />e. The Board must consider whether the adjudication and administration of the RICD <br />would promote maximum utilization of the waters of the State. The Board fimls that the <br />RICD may affect the timing. location. and manner in which the State of Colorado will <br />be .1ble to maximize beneficial use of Colorado's water resources. but with the <br />mitie.atinJt terms and conditions. on balance. the RICD would promote maximum <br />utilization of the waters of tile State. The Board makes the following findings about this <br />RICD-from May I-tIi_gR Sevl.,""., 30, wherein 100 .15 fbevel-Gne-Flowst-is <br />ektimed: <br />1. The Board finds that there are probable future upstream junior appropriations for <br />direct diversion or storage. Examples arc specifically described in the pre-hearing <br />statements filed by Denver, Colomdo Springs Utilities. the Town of Dillon, <br />Summit County, and the Colorado River Water Conservation District. More <br />specifically, the location of Old Dillon Reservoir. and Dillon Reservoir indicate <br />how this RICO could alfect upstream junior appropriations for direct diversion or <br />storage. The RICD may affect the timin~. location and manner in which the State <br />of Colorado will be able to maximize beneficial use of Colorado's water <br />resources. However. the RICD proposed decree; I) seeks a flow rate for 100 efs. <br />and 600 cfs for a maximum of 12 days a year: 2) operates only durin2- the daylight <br />hours: and. 3) includes triggers such that the Applicant will not impose a call ifit <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 />tenns l.lnd conditions. the Board finds that the RICD proposed decree. on balance. <br />promotes maximum utilization.However. gi-\len the 100 ef:; flOW-iUll6tHll-stmghl <br />f.af-tia.ylight hours. and gi\'en the-impesit-ietreftriggers-whereby the ^JlIlf.ieafl.t <br />wtJ..l...flot st:ek to enf.eree...this water right ifit will not produoe ot least 90 ers, the <br />ROllnl ltA4HffitHheftHs-adequote opporlttflity to 0110'/1 Hpslr.enlll junior <br />8f)1lfepriations fm direct diversion ami storage such tOO~RICD will pr6flHHe <br />nHlxinmRHltiliz8tioll of the waters ofthl1 Stale;--How6ver, in-tinIer to funher <br />l*6fllete-m6Ximulll u~Alion, the Beard r~eOAllllellds tffitHhe water court--ineffiflt! <br />A "dry yeaFilfovision.~!.-such that the RICO sholl not be in efTee-Hluring any--m6fHh <br />for which th~ Natllfal Resources Conservation Ser....ice reports in its Colorade, <br />Husin Walef-SupJlly Outlook Reverts for its "most probahle forecast" fM)% <br /> <br />4 <br />