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<br />COLORADO WATER CONSERVATION BOARD <br />1313 Sherman Street, Room 721 <br />Denver, Colorado 80203 <br />CONCER1vING THE APPLICATION FOR WATER <br />RIGHTS OF THE CITY OF STEAMBOAT <br />SPRINGS IN THE YAMPA RIVER IN ROUTT <br />COUNTY <br />Andrew Peternell <br />Trout Unlimited <br />Administrative Proceeding <br />1320 Pearl Street, Suite 320 <br />BQulder, Colorado 80302 Case Number: 6-2003CW86 <br />Phone: (303) 440-2937 <br />Fax: (303) 440-7933 <br />Email: d eternell tu.cr <br />REBUTTAL STATEMENT OF TROUT UNLIMITED <br />Pursuant to the Prehearing Order issued by the Hearing Coordinator and Rule 13.d of the <br />Rules Concerning Recreational In-Channel Diversions ("RICD Rules"), Trout Unlimited ("TU") <br />hereby submits its Rebuttal Statement to the Colorado Water Conservation Board ("CWCB"). <br />1. DEFINITION OF AN RICD <br />Colorado Revised Statutes § 37-92-103(10.3) defines recreational in-channel diversion <br />("RICD") as "the minimum stream flow as it is diverted, captured, controlled, and placed to <br />beneficial use between specific points defined by physical control structures pursuant to an <br />application filed by a county, municipality, city and county, water district, water and sanitation <br />district, water conservation district, or water conservancy district for a reasonable recreation <br />experience in and on the water." There is disagreement amongst the parties as to whether the <br />application filed by the City of Steamboat Springs (the "ApplicanY") satisfies this definition in <br />several respects. <br />A. Divert, Capture and Control <br />Gary Lacy, the course designer, has determined that the structures constituting the <br />whitewater park ("Steamboat Course") will divert, capture, and control water at the requested flow <br />rates. See Report Prepared by Gary Lacy, dated January 2004 ("Lacy Report"). Nevertheless, the <br />CWCB staff (the "Staff ') argues that the Applicant has failed to demonstrate diversion, capture and <br />control. Staff Prehearing Statement at 5. <br />The Staff overlooks the fact that in four previous cases Colorado courts have found that <br />structures similar to those to be employed at the Steamboat Course and designed by Gary Lacy can <br />control water at a variety of flows. See Final Decree, Application of City of Golden, Water <br />Division 1, Case No. 98CW448 (2001); Final Decree, Concerning the Application for Water Rights <br />of the Eagle River Water and Sanitation District, Water Division 5, Case No. OOCW259 (2002);