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Furthermore, the BOR is proposing yet another set of rules and procedures that <br />will alter the historic operation of Green Mountain Reservoir. This proposed plan could <br />also have the same effect as the interim policy in that it would require Green Mountain <br />Reservoir to forfeit the storage of water flowing into the Blue River below Dillon. This <br />also would cause an increase in Denver Water's obligation to provide replacement water <br />in order to retain the water it withholds at Dillon. Denver Water is concerned that, <br />without appropriate protective terms and conditions, the proposed RICD water rights for <br />the whitewater course could impair Denver Water's ability to continue to divert and place <br />to beneficial use its entitlements to divert water under the Blue River Decree as it has <br />historically prior to the changed administration of Green Mountain Reservoir. <br />To help assure the maximum utilization by Denver Water of its water rights, the <br />appropriation sought by Silverthorne should be subject to all direct and storage <br />diversions, exchanges and substitutions that Denver Water performs or could perform to <br />divert water through the Roberts Tunnel and to retain water withheld at Dillon Reservoir <br />pursuant to its decrees or decrees needed to fully utilize Denver's ability to store and <br />divert water under the Blue River Decree. <br />Imnairment of Colorado's abilitv to fallv develop and place to consumptive <br />beneficial use the State's Compact entitlements. Colorado's ability to fully develop and place <br />to consumptive beneficial use its compact entitlements is impaired to the extent Denver Water is <br />deprived of its ability to fully utilize the rights it has under the Blue River Decree by this <br />intervening recreational in-channel flow water right. Denver Water's ability to use the State's <br />Compact entitlement is foreseeable while Silverthorne's claim that someone might use it before <br />it reaches the State line is not. : <br />Comments on Written Testimony in Support of the Application for Water Rights <br />for a Recreational In-Channel Diversion of the Town of Silverthorne in Summit County : <br />Case No. 04CW217 dated June 6, 2005 <br />• The written testimony does not address the instances in which a 2004 water right above <br />Green Mountain Reservoir would be in priority. There are effectively continuous calls <br />for water from either Green Mountain Reservoir's 1935 storage and/or power right <br />located downstream on the Blue River or from the mainstem of the Colorado River from <br />Xcel Energy's Shoshone Power Plant or from priorities that divert in the vicinity of <br />Cameo. <br />? The written testimony and associated exhibits misrepresents the frequency and duration <br />of requested amounts of natural flow available for appropriation. Specifically, flows in <br />September of 2004 were elevated as a result of a release of water from storage at Dillon <br />Reservoir. These releases from storage are not part of the natural flow and are therefore <br />not available for appropriation. Exhibit K purports to depict weekends that flow was <br />greater than 600 cfs during holiday weekends. Included in this exhibit is September, <br />2004. Exhibit L is the hydrograph for the 2004 Labor Day weekend. Flow in the Blue <br />River below Dillon was greater than 600 cfs during the 2004 Labor Day weekend solely <br />4