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Denver Water's Responsive <br />Pre-Hearing Statement <br />II. FACTUAL AND LEGAL ISSUES <br />Denver Water believes the following issues are the most relevant for the.CWCB's <br />consideration. <br />1. Whether the adjudication and administration of the recreational in-channel <br />diversion would impair the ability of Colorado to fully develop and place to <br />consumptive beneficial use its compact entitlements; <br />2. Whether adjudication and administration of the recreational in-channel diversion <br />would promote maximum utilization of waters of the state. <br />3. Whether there is water physically and legally available to appropriate under the <br />RICD. <br />Denver Water's position on these issues is discussed in the attached Written Testimony and is <br />summarized as follows: <br />1. The adjudication and administration of the recreational in-channel diversion in <br />this case will impair the ability of Colorado to fully develop and place to consumptive beneficial <br />use its compact entitlements. Silverthorne states that the Silverthorne RICD will not impair the <br />ability of Colorado to fully develop and place to consumptive beneficial use its Compact <br />entitlements because this is a nonLconsumptive use that is 220 miles from the state line; will only <br />operate from 7 am - 8 pm during May - September; and there are limited exchange opportunities <br />through the reach. <br />The query by the CWCB should be - does the location of the RICD prevent foreseeable <br />future development? Silverthorne written testimony does not make any reference to Denver <br />Water's rights and ability to exchange and substitute that could be impaired by this water right. <br />Denver Water's ability to use water under the State's Compact entitlement is foreseeable while <br />Silverthorne's.claim that someone might use it before it reaches the State line is not. <br />To the extent Denver Water is deprived of its foreseeable ability to fully utilize water of the Blue <br />River and its tributaries - it impairs the State's ability to fully develop its Compact entitlement. <br />2. Adjudication and administration of the recreational in-channel diversion claimed <br />in this case will not promote maximum utilization of waters of the state, but instead could <br />deprive Denver Water of its ability to fully utilize the waters of the Blue River under its decrees <br />or new decrees. <br />3. Silverthorne's appropriation is based upon the stream conditions existing at the <br />time of appropriation. There is no unappropropriated water available to a 2004 direct flow water <br />right below Dillon Dam unless (1) flows exceed 1726 cfs; (2) Green Mountain Reservoir has <br />filled; (3) Dillon Reservoir is spilling and all other upstream and downstream senior rights are <br />satisfied. Otherwise Silverthorne takes the stream flows through its reach entirely subject to the <br />2