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Exhbits P-S; Rebuttal Report to Prehearing Statements
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Exhbits P-S; Rebuttal Report to Prehearing Statements
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Last modified
1/26/2010 4:41:19 PM
Creation date
7/24/2009 12:28:32 PM
Metadata
Fields
Template:
Water Supply Protection
File Number
8230.51A1a
Description
Applicant's Prehearing Statements: Legal Documents
State
CO
Basin
Colorado Mainstem
Water Division
5
Date
7/6/2005
Author
Brown and Caldwell
Title
Exhbits P-S; Rebuttal Report to Prehearing Statements
Water Supply Pro - Doc Type
Court Documents
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0 <br />3.4 TOWN OF DILLON <br />The Silverthorne RICD will not impact the Town of Dillon's water rights with priorities <br />senior to 2004 including Old Dillon Reservoir. Furthermore, the Silverthorne RICD is <br />junior to the decreed exchange in Case No. 95CW077 for an exchange up Salt Lick <br />Gulch, but not to future exchanges with priorities juniar to the 2004 Silverthorne RICD <br />priority. <br />The trigger flows described in Section 2.1 will reduce the effect of priority calls on any <br />Town of Dillon water rights and/or exchanges with priorities junior to 2004. <br />Furthermore, the availability of flows for future exchanges (see Exhibit S) will also <br />mitigate effects of the Silverthorne RICD on the Town of Dillon's water rights with <br />priorities junior to 2004. <br />Dillon also expressed concern that the proximity of the Silverthorne RICD to Old Dillon <br />Reservoir may result in injury to the Old Dillon Reservoir and Old Dillon Reservoir <br />Enlargement water rights. The most upstream structure of the Silverthorne RICD, <br />however, will be located below the confluence of Salt Lick Gulch and the Blue River. <br />Therefore, the RICD should not interfere will the ability of the Town of Dillon to make <br />exchanges or make beneficial use of the Town's senior water rights. <br />? Dillon questioned whether the 600 cfs had been available with sufficient frequency <br />during the Labor Day weekend. As presented in Exhibit R and discussed in Section 2.2, <br />flows of at least 600 cfs were available during 7 percent of the Labor Day weekends for <br />the 45-year study period. Furthermore, Silverthorne plans to continue working closely <br />with Denver Water to increase the frequency of 600 cfs during the Labor Day weekend <br />such as was done in 2004 when required releases by Denver Water were accumulated and <br />released during the 2004 Labor Day weekend. <br />The basis for the 600 cfs and the opening width in the RICD structure are provided in the <br />testimony by the designer of the Silverthorne Whitewater Park, Gary Lacy, and are <br />further discussed in the engineering report for the Silverthorne RICD (Brown and <br />Caldwell, 2005). <br />3.5 CITY OF COLORADO SPRINGS <br />Colorado Springs expressed concern that the Silverthorne RICD will affect historical and <br />future substitution and exchange operations on the Blue River involving Colorado <br />Springs' water rights in Consolidated Civil Case Nos. 2782, 5016, and 5017, or the "Blue <br />River Decree", the May 15, 2003 Memorandum of Agreement Regarding Colorado <br />Springs Substitution Operations, pending applications before the Division 5 Water Court <br />in Case No. 03CW320 and Case No. 03CW314. Decreed water rights and exchanges in <br />these cases have priorities senior to the RICD and the pending applications have <br />fa <br />requested priorities senior to the Silverthorne RICD. Therefore, as discussed in <br />8
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