Exhbits P-S; Rebuttal Report to Prehearing Statements

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? During the three summer holiday weekends when the Silverthorne RICD has requested a 600 cfs in-channel diversion right, Silverthorne will cooperate fully with Denver Water to plan any release. Denver indicates that there is no unappropriated water available to a 2004 direct flow water right below Dillon Dam unless: "(1) flows exceed 1,726 cfs; (2) Green Mountain Reservoir has filled; (3) Dillon Reservoir is spilling and all other upstream and downstream senior rights are satisfied." The following is presented in response to these stated concerns: • The Silverthorne RICD application is not for a direct flow; rather it is for a non- consumptive recreational in-channel diversion water right which is comparable to a fully augmented junior water right as discussed in Section 2.4. The Silverthorne RICD can utilize all flows physically available to this water right. • No basis for the 1,726 cfs could be found in Denver Water's pre-hearing statement. It is not clear whether this 1,726 cfs requirement applies throughout the year or only applies to a specific period during the year. Additional information concerning this claimed requirement will be necessary before a response can be developed. ? • The Silverthorne RICD water right will be subordinate to all Green Mountain Reservoir and Dillon Reservoir decrees and for exchanges involving those reservoirs that are senior to the 2004 Silverthorne RICD. • The Silverthorne RICD water right will be subordinate to all downstream senior water rights and to senior decreed exchanges. As shown in Exhibit R and discussed in Section 2.2, the 600 cfs requested flow is frequently available during the Memorial Day and July 4th weekends. Silverthorne intends to continue to cooperate closely with Denver Water, as it did in September 2004, to accumulate required releases by Denver in Dillon Reservoir and make these releases during the Labor Day weekend in order to increase the frequency of 600 cfs flows during that weekend. Furthermore, such releases will be done in coordination and cooperation with Denver Water to minimize the need for frequent gate changes at Dillon Reservoir. 3.3 COLORADO RIVER WATER CONSERVATION DISTRICT The Silverthorne RICD will not affect any of the Colorado River Water Conservation District's water rights with priorities senior to the December 31, 2004 priority of the Silverthorne RICD. The River District expressed concerns about the effects of the Silverthorne RICD on many of the same projects that were of concern to Summit County (e.g., Old Dillon Reservoir, Blue River Pumpback, and Upper Blue River Reservoir le MOA); therefore, see Section 3.1 for a discussion of these projects. 7