Exhbits P-S; Rebuttal Report to Prehearing Statements

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? reach to Dillon reservoir. If this project is implemented, it will be unaffected by the non-consumptive Silverthorne RICD. • Upper Blue River Reservoir MOA: Silverthorne has recognized the application (Case No. 03CW320) and will not assert injury for any operation pursuant to any decree entered in this case. Any decree that is entered in this case will be senior to the 2004 priority of the Silverthorne RICD water right. Lake Granby and Wolford Mountain Reservoir Contracts (Case No. 95CW122): The Silverthorne RICD will be junior to the decree in this case and, consequently, water rights decreed in this case will be unaffected by the Silverthorne RICD. Furthermore, any decreed exchanges associated with these Reservoir contracts which are senior to the 2004 Silverthorne RICD priority will be unaffected by the Silverthorne RICD. • Reservoir Contracts: Case No. 95CW 122 is for an augmentation plan with a source of augmentation water from Lake Granby and Wolford Reservoir. The Silverthorne RICD will be subordinate to any decree in this case. 3.2 DENVER WATER ? The Silverthorne RICD will not impact Denver Water's ability to utilize waters under the State's Compact Entitlements or to maximize utilization of its existing decreed conditional and absolute water rights with priorities senior to 2004 for the reasons stated in Section 2.4 above. Furthermore, Denver's ability to maximize water use under future exchanges and/or water rights junior to December 2004 will be protected by the flow triggers proposed for making a Silverthorne RICD priority call and the available flow volumes available for exchange (see Exhibit S). Denver includes several decrees (1955 Blue River Decree, 1964 Blue River Decree, and Decrees in Case Nos. 91CW252, 88CW382, 87CW376). All of these decrees are senior to the December 31, 2004 priority date for the Silverthorne RICD and consequently will be unaffected by the Silverthorne RICD. Denver Water expressed concern about the lack of unappropriated flows in the Blue River and the possible further reduction of unappropriated flows by the Silverthorne RICD. The Silverthorne RICD will not further reduce the availability of unappropriated flows because it is a non-consumptive right that is equivalent to a fully augmented junior water right. Non-consumptive water rights can operate anytime there is physically available flows in the Blue River. The Shoshone water rights offer a good example in which Shoshone can divert for hydropower purposes even when there is a call from the 40 downstream senior water rights at Cameo. 6