Prehearing Statement of the Town of Dillon

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Case No. 04CW217 Page 3 Dillon's position: As noted above, if the upstream end of the proposed RICD begins below the confluence with Salt Lick Gulch, there would be significantly less interference with exchanges or changes of Dillon's water rights. If Dillon uses the Enlargement in the future to replace depletions caused by Dillon's well pumping on the Blue River below the RICD, such additional replacement water may actually enhance the flows through the RICD. ISSUE 4: Whether the frequency and duration of the available flow is sufficient to warrant adjudication of the proposed RICD in the amount of 600 cfs. Dillon's position: USGS stream flow gauge records do not support the requested appropriation of 600 cfs during the Labor Day weekend. Silverthorne's records demonstrate that water was available only 18 % of the time on the relevant weekends. Silverthorne does not explain whether those flows were affected by reservoir releases or demonstrate natural stream flow available for appropriation. None of the years of record used by Silverthorne support the claim to 600 cfs of unappropriated water on the Labor Day weekend. Silverthorne only claims that water was available on Labor Day once in 18 years, in 2004. Even on the Labor Day weekend in 2004, 600 cfs of natural stream flow was not available from the Blue River below Dillon Dam. The USGS stream flow gage records demonstrate that the mean stream flow from all sources above Dillon Reservoir was approximately 84 to 96 cfs between September 4 and September 6, 2004. Mean stream flow in Straight Creek on that weekend ranged from 6.3 and 7.9 cfs. As a result total stream flow in the Blue River on that weekend did not exceed 104 cfs. The additional flow measured in the Blue River below Dillon Reservoir that weekend was the result of a storage release by Denver. Silverthorne is not entitled to rely on stream flow records affected by a one time reservoir release to support its claimed appropriation of 600 cfs in this case. Such releases are not subject to appropriation and Silverthorne cannot demonstrate that such flows will be replicated on a regular basis in the future without a long term contract signed by Denver. There are no other stream flow records to support this claim. Dillon requests that the RICD flow rate be reduced to an amount available on a reasonably frequent basis and duration. ISSUE 5: Whether 600 cfs is in excess of the minimum amount needed for a reasonable recreational experience. Dillon's position: The 600 cfs claim is far in excess of the minimum amount needed for a reasonable recreational experience on the Blue River as required by Section 37-92- 103(10.3), C.R.S. The CWCB technical guidelines suggest a width of 16.5 feet for a whitewater course. Silverthorne's application is based on a width of 54 feet. There is no reasonable basis for a kayak course to be that wide. As a result, the flow rate should be lowered for all three weekends to an amount needed for a course 16.5 feet in width. III. LIST OF WITNESSES F:\ClieMS\D\DILLT2004CW217 Silverthome RICD\CWCD RICD Heanng\Prehearinq SlatemeM.doc 8/17/200.5