Staff's Recommended Findings of Fact and Recommentdations

• File Number: 8230.51A5
• Description: Staff Recommendations/Board Memos
• State: CO
• Basin: Colorado Mainstem
• Water Division: 5
• Date: 1/1/3000
• Author: CWCB
• Title: Staff's Recommended Findings of Fact and Recommentdations
• Water Supply Pro - Doc Type: Record of Decision

consumptive beneficial use its compact entitlements. However, the Board finds,
on balance, that because the RICD seeks a flow rate for 100 cfs and operates only
during daylight hours, and includes triggers such that the Applicant will not
impose a call if it will produce less than 90 cfs, the RICD does not impair the
ability of the State of Colorado to consumptively use it Compact entitlements.
b. The Board must consider whether the RICD appropriation is for an appropriate reach
of stream for the intended use. The Board makes the finding that RICD appropriation
is for an appropriate reach of stream for the intended use for the flow amounts sought
and the time periods specified above, subject to the condition below. The Board
makes the following findings about this RICD from May 1 through September 30,
wherein 100 cfs (Level One Flows) is claimed:
i. The Board finds that the nature and type of recreational activity for which the
RICD is sought ("passage or recreational watercraft"), and the type of recreational
activity sought is appropriate for the 100 cfs flow rate claimed for this time of
year;
ii. The Board finds that the length of the proposed RICD is an appropriate reach of
stream.
The Board finds that there are adequate stream gages to measure the RICD;
iv. The Applicant has failed to provide any information demonstrating that the RICD
would not affect flooding, flood control, or the one-hundred year flood elevations.
However, the Applicant has met with the Board Staff to discuss this matter, and
the Applicant's staff has indicated a willingness to provide all of the necessary
information to demonstrate that the RICD reach will not affect flooding, flood
control, or the one-hundred year flood elevations. Thus, the Board includes as a
condition of approval that the Applicant will provide all of the necessary
information to demonstrate that the RICD reach will not affect flooding, flood
control, or the one-hundred year flood elevations.
c. The Board must consider whether there is access for recreational in-channel use. The
Board finds that there is adequate access for the RICD. The Board makes the following
findings about this RICD from May 1 through September 30, wherein 100 cfs (Level One
Flows) is claimed:
i. The Board determines that the nature and extent of the access required for the
activities sought is proper;
ii. The Applicant has demonstrated ownership, leasehold, other legal interest, or
powers of condemnation held by, or available to the Applicant, for purposes of
obtaining access. As such, the Board finds that there is adequate access for the
RICD; and,
iii. The Board finds that there are no impediments for the Applicant obtaining
adequate access.
d. The Board must consider whether the exercise of the RICD would cause material injury
to existing ISF water rights. The Board makes the following findings about this RICD
from May 1 through September 30, wherein 100 cfs (Level One Flows) is claimed:
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