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• In Empire Lodge Homeowner's Association v. Moyer, 39 P.3d 1139 (Colo. 2001) the <br />Colorado Supreme Court explained that "maximum utilization" means "maximizing the use of <br />Colorado's limited water supply for as many decreed uses as possible consistent with meeting <br />the state's interstate delivery obligations..." Empire Lodge at 1150. As thus explained by the <br />Supreme Court, and as discussed in the written testimony of Dr. Eisel and Mr. Richards, <br />Silverthorne's RICD claim is consistent with and, in fact, promotes the "maximum utilization" <br />of water in Colorado for a number of reasons, including the following: <br />The Silverthorne RICD, like hydro-electric facilities, does not consume any water <br />and does not impair the quality of the water. Thus, a very valuable beneficial use <br />is accomplished, while the water remains fully available for other existing uses <br />and to meet Colorado's compact obligations. <br />In general, the Silverthorne RICD claim adds a new use onto water that is being <br />commanded downstream by senior water rights. That water is used and re-used <br />multiple times downstream of the Silverthorne RICD before it reaches the state <br />line. Adding a new, clean, completely non-consumptive use that works in <br />harmony with other existing uses and compact delivery obligations, serves <br />Colorado's policy of maximum utilization of its water resources. <br />• water is available for the claimed RICD flows and, in fact, the claimed RICD <br />? flows leave exchange potential for future upstream development because of the <br />diurnal and summer use only nature of the RICD rights claimed by Silverthorne <br />III. EXHIBITS <br />EXHIBIT A: REGIONAL MAP <br />EXHIBIT B: SITE MAP <br />EXHIBIT C: STATE MAP <br />EXHIBIT D: SILVERTHORNE MAP <br />EXHIBIT E: MAP SHOWING FISH HABITAT IMPROVEMENT STRUCTURES <br />EXHIBIT F: PLAN VIEW (SCHEMATIC) OF A TYPICAL CONTROL STRUCTURE <br />EXHIBIT G: CROSS SECTION VIEW OF A TYPICAL CONTROL STRUCTURE <br />EXHIBIT H: PROFILE VIEW OF A TYPICAL CONTROL STRUCTURE <br />EXHIBIT I: AVERAGE MONTHLY FLOWS (MAY-SEPTEMBER) FOR 1986-2004 <br />• <br />4