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Colorado's ability to fully develop and place to consumptive beneficial use <br />Colorado's compact entitlements under the Colorado River Compact, the Upper <br />Colorado River Compact, and the associated law of the river, except that the <br />RICD seeks a flow rate for 600 cfs for maximum of 12 days a year only during <br />the daylight hours, and the proposed decree includes triggers such that the <br />Applicant will not impose a call if it will produce less than 540 cfs. Given these <br />additional terms and conditions, the Board finds that the RICD does not impair <br />the ability of the State of Colorado to consumptively use it Compact entitlements; <br />ii. The Board finds that the distance of this RICD to the State line is significant, and <br />this demonstrates that the RICD application does not impair Compact <br />entitlements; <br />The RICD is in close proximity to suitable upstream points of diversion and <br />upstream storage that may be utilized by those who would place the water to <br />consumptive beneficial use. Examples are specifically described in the pre- <br />hearing statements filed by Denver, Colorado Springs Utilities, the Colorado <br />River Water Conservation District, the Town of Dillon, and Summit County. <br />More specifically, the location of Dillon Reservoir and Old Dillon Reservoir <br />indicates how this RICD, as applied for, during the months identified above, <br />could impair Colorado's ability to fully consumptively utilize its compact <br />entitlements. However, the Board finds that because the RICD seeks a flow rate <br />for 600 cfs for a maximum of 12 days a year only during the daylight hours and <br />includes triggers such that the Applicant will not impose a call if it will produce <br />less than 540 cfs, the RICD does not impair the ability of the State of Colorado to <br />consumptively use it Compact entitlements; <br />iv. The existence of suitable downstream points of diversion or storage for <br />consumptive beneficial uses before the water leaves the state serves as a factual <br />basis for the Board to determine that the RICD should be granted under this <br />factor. There are numerous downstream diversions and storage reservoirs that <br />could be used so that Colorado can place to full consumptive use its compact <br />entitlements; and, <br />v. Exchange opportunities within the state may be adversely impacted by the <br />existence of the RICD, which could impair Colorado's ability to place to <br />consumptive beneficial use its compact entitlements. However, the Board finds <br />that the RICD does not impair the ability of the State of Colorado to <br />consumptively use it Compact entitlements that because the RICD seeks a flow <br />rate for 600 cfs for a maximum of 12 days a year only during the daylight hours <br />and includes triggers such that the Applicant will not impose a call if it will <br />produce less than 540 cfs. <br />b. The Board must consider whether the RICD appropriation is for an appropriate reach of <br />stream for the intended use is a factor. The Board makes the finding that RICD <br />appropriation is for an appropriate reach of stream for the intended use, for the flow <br />amounts sought and the time periods specified above. The Board makes the following <br />findings about this RICD for the three holiday weekends, wherein 600 cfs (Level Two <br />Flows) is claimed: