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Applicant consulting with the DOW and the CWCB before and during the <br />construction of the RICD structures to assure that the RICD construction will not <br />injure the natural environment that the ISF protects. <br />e. The Board must determine whether the adjudication and administration of the RICD <br />would promote maximum utilization of the waters of the State. The Board makes the <br />following findings about this RICD for the three holiday weekends, wherein 600 cfs (Level <br />Two Flows) is claimed: <br />i. The Board finds that there are probable future upstream junior appropriations for <br />direct diversion or storage. Examples are specifically described in the pre-hearing <br />statements filed by Denver, Colorado Springs Utilities, the Town of Dillon, <br />Summit County, and the Colorado River Water Conservation District. Mare <br />specifically, the location of Old Dillon Reservoir, and Dillon Reservoir indicate <br />how this RICD, could affect upstream junior appropriations for direct diversion or <br />storage. However, given the 600 cfs flow for a maximum of 12 days a year and <br />that it operates only for daylight hours and given the imposition of triggers <br />whereby the Applicant will not seek to enforce this water right if it will not <br />produce at least 540 cfs, the Board finds that there is adequate opportunity to <br />allow upstream junior appropriations for direct diversion and storage such that the <br />RICD will promote maximum utilization of the waters of the State. However, in <br />order to further promote maximum utilization, the Board recommends that the <br />water court include a"dry year provision" such that the RICD shall not be in <br />effect during any month for which the Natural Resources Conservation Service <br />reports in its Colorado, Basin Water Supply Outlook Reports for its "most <br />probable forecast" (50% chance of exceedance) for the flows into Dillon for <br />April-July ("Forecast") that is less than 70% of average. (In the event this report <br />andlor index ceases to be published, the Applicant and the CWCB will agree upon <br />a substitute stream flow forecasting source or method that will provide <br />substantially the same information.) The Forecast of in any year shall determine <br />the effectiveness of the RICD for the summer period and holiday weekends. For <br />example, if the Forecast for April-July is less than 70% of average; then the RICD <br />shall not be in effect for the suminer season, including the holiday weekends; <br />ii. The Board finds that the proposed RICD appropriation for the flow amount <br />sought, and the time period specified, will promote maximum utilization although <br />there are probable future changes, transfers, or exchanges of water rights from <br />points of diversion downstream of the reach affected by the RICD to points <br />upstream of or in the reach affected by the RICD. Due to the 600 cfs flow amount <br />sought for a maximum of 12 days a year for daylight hours only and the <br />imposition of triggers whereby the Applicant will not seek to enforce this water <br />right if it will not produce at least 540 cfs, the Board finds that there is adequate <br />opportunity to allow future changes, transfers, and exchanges of water from <br />points located downstream of the RICD to points located upstream of the RICD; <br />The RICD should not be denied or granted based upon any federal policies, <br />regulations and laws; <br />7