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COLORADO WATER CONSERVATION BOARD <br />1313 Sherman Street, Suite 721 <br />Denver, CO 80203 <br />303/866-3441 <br />IN THE MATTER OF THE APPLICATION OF THE CITY OF <br />STEAMBOAT SPRINGS FOR A RECREATIONAL IN-CHANNEL <br />DNERSION <br />IN ROUTT COUNTY, COLORADO <br />Robert G. Weiss, No. 8521 <br />Weiss and Van Scoyk, LLP Case No. 6-03CW86 <br />600 So. Lincoln, Suite 202 <br />Steamboat Springs, CO 80487 <br />Telephone: 970/879-6053 <br />Far: 970/879-6058 <br />E-mail: bweissc'ci!«-vsc.com <br />REBUTTAL STATENIENT OF <br />UPPER YAIVIPA WATER CONSERVANCY DISTRICT <br />Pursuant to Rule 13.d of the Recreational In-Channel Diversion ("RICD") Rules adopted <br />by the Colorado Water Conservation Board ("CWCB") on November 8, 2001 (the <br />"RICD Rules") and the Notice of Prehearing Conference and Deadlines dated March 31, <br />2004 established by the Hearing Coordinator, Felicity Hannay, the Upper Yampa Water <br />Conservancy District ("District") submits its rebuttal statement as follows: <br />INCORPORATION OF OTHER PARTY REBtiTTAL STATENIENTS <br />1. The District incorporates herein by this reference the Rebuttal Statements of Routt <br />County, Colorado ("Routt County"), the Morrison Creek Metropolitan Water and <br />Sanitation District ("MCMWSD"), the Town of Oak Creek ("Oak Creek"), and <br />the Town of Yampa ("Yampa"). The efforts of Routt County and these other <br />opposers -in connection with the May 26-27 2004 hearing (the "Hearing") before <br />the CWCB are being coordinated to avoid duplicative presentations. <br />2. The adjaidication and administration of the RICD will impair Corrtpact <br />Entitlements and maxirnum utilization cannot occur. <br />The CWCB Prehearing Statement finds that the proposed RICD will not impair <br />the ability of Colorado to fully develop and place to consumptive use its compact <br />entitlements. However, the Board also finds that maximum utilization is not <br />achieved. The District believes that the two issues go hand in hand. <br />Development of compact entitlements depends on the District's ability to utilize to <br />the maximum extent the available water resources in the Upper Yampa basin to <br />accommodate the future growth of its constituency. Approval of the RICD will <br />-1-