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Opening Brief
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Last modified
1/26/2010 4:41:42 PM
Creation date
7/29/2009 3:05:54 PM
Metadata
Fields
Template:
Water Supply Protection
File Number
8230.2F
Description
Colorado Supreme Court Appeal
State
CO
Basin
Colorado Mainstem
Water Division
4
Date
7/26/2004
Author
Ken Salazar, Susan Schneider
Title
Opening Brief
Water Supply Pro - Doc Type
Court Documents
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objective of `maximum use' administration is `optimum use. "' Matter of Rules GoverniM <br />Water in Rio Grande and Coneios River Basins, 674 P.2d 914, 935 (Colo. 1983). <br />Third, the evidence at trial showed that 250 c.f.s. promotes maximum utilization here, <br />because that amount of water will provide a"reasonable recreation experience" for many <br />boaters, including experienced kayakers, (Exhibit B; v. VII, pp. 221-222; v. V, pp. 177, 190). A <br />flow amount of 250 c.f.s. would also allow adequate opportunities for future upstream <br />development because, as conceded by several of the Applicant's witnesses, the proposed RICD <br />impairs junior upstream development potential in certain years. (v. IV, pp. 62-62, 65, 117). <br />Finally, even the Applicant agreed that maximum utilization is promoted at 250 c.f:s. (Exhibit <br />M, Applicant's Closing Brief, p. 28). <br />SB 216, applicable case law, and the Applicant's own evidence all support the conclusion <br />that 250 c.f.s. promotes maximum utilization by allowing a reasonable recreation experience and <br />future upstream development. Therefore, this Court should reverse the Water Court's erroneous <br />determination that at flows of 1500 c.f.s., maximum utilization is promoted, and instead uphold <br />the undisputedly valid determination that 250 c.f.s. would promote maximum utilization. <br />D. The Applicant agreed and the evidence showed that <br />at 250 c.f.s, compact entitlements were not impaired. <br />This Court should also uphold the CWCB's presumptively valid finding that at 250 c.f.s., <br />the RICD will allow Colorado to fully develop and put to beneficial use its compact entitlements <br />under section 37-92-102(6)(b)(I). The Applicant did not provide clear and convincing evidence <br />that the CWCB erred in finding that 250 c.f.s. is the appropriate amount of water to allow <br />Colorado to fully develop and put to beneficial use its compact entitlements. In fact, the <br />Applicant agreed that at 250 c.f.s., there is no compact impairment. (Exhibit M, p. 28). <br />25
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