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• • The completely non-consumptive RICD right at issue will work in tandem with <br />downstream senior water rights and Colorado's compact delivery obligations <br />on the Colorado River. <br />Over ninety-six percent of the Colorado River drainage basin in Colorado is <br />below the Silverthorne RICD. Future development in the basin below the <br />RICD provides more than ample opportunity to fully develop any portion of <br />Colorado River Compact allocation that remains. <br />2. The reach of the Blue River designated by Silverthorne for the Course is <br />appropriate for the intended use. <br />Silverthorne will demonstrate that the claimed stream reaches are appropriate with the <br />written testimony of Mr. Gary Lacy. Among other things, Mr. Lacy's written testimony <br />demonstrates that the reach claimed for the Course meets the "power index" outlined in the <br />CWCB's RICD Policy (Policy #4). The claimed reaches therefore have the appropriate <br />"physical characteristics" under that policy. <br />Silverthorne will further demonstrate that the reach of the Blue River planned for the <br />Course is appropriate given the nature of the recreational activity for which the RICD rights are <br />sought, and a number of other reasons including: <br />• • The Silverthorne Whitewater Park is near parking facilities. <br />• The Silverthorne Whitewater Park is situated near the retail district of the Town <br />of Silverthorne, in a location that will attract boaters, spectators and visitors. <br />The Silverthorne Whitewater Park is integrated with broader development plans <br />and planning objectives for the Town of Silverthorne <br />Written testimony on these issues is provided by Mr. Gary Lacy and by Dr. Eisel and Mr. <br />Richards. <br />3. There is access for recreational in-channel use. <br />As set forth in the written testimony of Dr. Eisel and Mr. Richards, the Blue River <br />Whitewater Park is accessible via land and right of way owned by the Town of Silverthorne. <br />4. Exercise of the recreational in-channel diversion will not cause material <br />injury to instream flow water rights. <br />As set forth in the written testimony of Dr. Eisel and Mr. Richards, the non-consumptive <br />RICD rights for the Blue River Whitewater Course will work in harmony with the CWCB's <br />instream flow rights on the Blue River below Dillon Dam. <br />• 5. Adjudication and administration of the recreational in-channel diversion <br />claimed in this case will promote maximum utilization of waters of the state. <br />3