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c. Existing Federal Policies, regulations, and Laws <br />Other than the expected need to obtain a Section 404 permit and the resulting <br />involvement with the Endangered Species Act, no federal policies, regulations <br />and laws will affect, or will be affected by the RICD. Because there is no <br />consumptive use from the Course and, consequently, no depletion of flows in <br />the Blue and Colorado Rivers, compliance with the Endangered Species Act <br />should not be a problem. Silverthorne has obtained Section 404 permits <br />(Nationwide 27) in the past for the fish habitat improvement structures that the <br />Town has constructed in the Blue River. <br />? <br />The Course will be designed and constructed in compliance with all required <br />local, country, state and federal permits and regulatory requirements. <br />Specifically the design, operation, and construction shall occur with guidance <br />and approval from Colorado DOW, with regards to the time of year and flows <br />patterns acceptable for fish in the Blue River. Construction in the River may <br />require a Section 404 permit from the US Army Corps of Engineers. Design <br />and construction will conform to requirements of this permit. Design of the <br />control structures shall conform to Town of Silverthorne and other floodplain <br />requirements. The design will minimize impact to the floodplain, and will <br />increase the water surface elevation for the 100-year flood less than 1.0 foot in <br />compliance with the Town's maximum allowable impact. <br />d. Means to Use, Capture, Divert, and Control the Water for RICD • <br />Silverthorne has produced a reasonable design for the Course in order to <br />efficiently use, divert, capture and control the water for the RICD so as to <br />minimize its call on the Blue River and avoid waste. <br />Priority calls on the Blue River by the Silverthorne RICD will be <br />minimized by limiting the RICD water right to 100 CFS for the <br />period May 1 through September 30 and the daily hours from 7 <br />a.m. to 8 p.m. <br />• Priority calls will be further limited by restricting the 600 cfs <br />RICD water right to only three weekends (Memorial Day, Fourth <br />of July and Labor Day) for the same daily hours. <br />• As shown in Exhibits F, G, and H, the control structures in the <br />Course are designed to effectively and efficiently use, divert, <br />capture and control the water for the RICD. <br />?