Laserfiche WebLink
Consent Agenda Item 2b <br />Case No. 5-04CW217; Town of Silverthorne <br />Application Suinmarv <br />This is an application for a Recreational In-Channel Diversion on the Blue River for a summer <br />water right for 100 cfs for most of the season, with a request for holiday weekend flows of up to <br />600 cfs for four days surrounding the Memorial Day, Fourth of July and Labor Day weekends, <br />located just downstream of Dillon Reservoir in the Town of Silverthorne (see the attached map). <br />The Board filed a statement of opposition for the following reasons: <br />1. Section 37-92-102(3), C.R.S. provides: "...no other person ar entity [other than <br />the CWCB] shall be granted a decree adjudicating a right to water ar interests in water for <br />instream flows in a stream channel between specific points, ..., for any purpose <br />whatsoever." The Applicant may not obtain a decree that violates this statute. <br />2. The Applicant must be held to strict proof as to its claim that it is diverting the <br />water claimed in its application. <br />3. The Applicant must be held to strict proof that it is seeking a water right that is a <br />legally cognizable beneficial use of that water. <br />4. The CWCB has many water rights in the Arkansas River drainage basin to <br />preserve the natural environment. The CWCB's rights may be adversely affected by the <br />granting of the application. <br />5. The Applicant must be held to strict proof that all of the statutory elements of a <br />RICD are fulfilled including but not limited to the following: i) the flow rates must be <br />limited to a minimum stream flow for a reasonable recreational experience; ii) the <br />adjudication and administration of this water right will not impair the ability of Colorado <br />to fully develop and place to consumptive beneficial use its compact entitlements; iii) the <br />RICD reach is an appropriate reach of stream required for the intended use; iv) there is <br />access far the RICD use; v) the exercise of the RICD will not cause material injury to <br />instream flow water rights appropriated pursuant to Section 37-92-102(3) and (4); vi) the <br />RICD promotes maximum utilization; and, vii) the RICD comports with the other factors <br />as set forth in the CWCB's rules and regulations. <br />Other Objectors <br />The other objectors in this case are: the Colorado River Water Conservation District; the City of <br />Colorado Springs; the City and County of Denver; the Town of Dillon; Trout Unlimited; the <br />Summit County Board of County Commissioners; the Vidler Water Company; the State Engineer <br />and Division Engineer for Water Division 2, and Colorado Division of Wildlife. <br />CADocuments and Settings\trkVvly Documents\consentagenda2b_mem.doc