Exhbits P-S; Rebuttal Report to Prehearing Statements

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? Section 2.4, these water rights and exchanges should not be affected by the Silverthorne RICD. Colorado Springs indicates, "...the RICD may preclude mitigation of curtailment to meet Colorado River Compact obligations." Because the Silverthorne RICD is a non- consumptive water right and is equivalent to fully augmented junior water right, it will have no effect on meeting Colorado River Compact obligations. 3.6 TROUT UNLIMITED Trout Unlimited expresses concern that the Silverthorne RICD could have adverse impacts on the trout fishery in the Blue River The Town of Silverthorne has demonstrated a history of Blue River restoration projects that have been beneficial to the Blue River trout fishery. The Town has installed several fishing habitat improvements and has plans to construct more in the future. The Town will work with Colorado Division of Wildlife (DOW) to ensure that operation of the RICD does not negatively impact the quality of fishing or fishing habitat in the Blue River. The Town will adhere to any reasonable requests of the DOW during the construction of the RICD structures and operation of RICD. ? 3.7 STAFF OF COLORADO WATER CONSERVATION BOARD, DIVISION OF WILDLIFE AND THE STATE AND DIVISION ENGINEERS This prehearing statement indicates, "...the claimed flow rates in the application for September could impair the ability of Colorado to fully develop and place to consumptive beneficial use its compact entitlements." In order to mitigate this concern, Silverthorne has subsequently proposed the trigger flows described in Section 2.1 in order to further reduce the flow amount for which Silverthorne would place a priority call in September and the frequency with which a priority call for the RICD water right would be made. The prehearing statement requested that Silverthorne supply additional engineering and technical information to the CWCB concerning the effect of the Silverthorne RICD on water surface profiles for the 100-year flood. Brown and Caldwell has concluded that there is no chance that the Town of Silverthorne's floodplain regulations will be violated by the RICD because: • The structures will be designed to meet all applicable floodplain regulations. They will not be permitted for construction unless they meet these regulations. As depicted in Brown and Caldwell's December 2004 Engineering Report, the structures will each consist of a grouted-rock control section and an excavated pool immediately downstream. The grouted-rock control section will not project significantly into the existing channel cross section during high flow events. ? 9