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MAY-18-04 14:20 FROM-WEISS AND VAN SCOYK 970 879 6058 T-286 P.005/033 F-562 <br />impair the ability of the Discricc to develop these resourees by hindering future <br />exchanges, traiasfers, changes in wacer rights, and/or thz development of fiiture <br />storage rights on the 'Y'ampa River upstream of the Steamboat Springs Boating <br />Parlc ("Boating Parlc"), the location of "C Hole" and "D Hole", or Sn-ueture Nos. 1 <br />and 2("Scruetures"). Over the past several years, the District has been <br />researching several potential small reservoir sites in an e.ffort to develop operating <br />stracegies that best meet the long term water supply and econoinic needs of the <br />area. The ability to secure reliable sources o!'water for these sites will be grzatly <br />impacted if the City's RICD is granted since junior diversian riglzts for municipal <br />purposes will be subject to call as much as lialf the time during late si-ursmer and <br />fall. Without a firm yield, the District's ability to oUtaiii financing will bz <br />detrimentally impacted. <br />3. The WCD approprictcion is not far an appropriate reuch of the strearrc. <br />The District suppores the C'WCB finding that the reach of the stream is <br />inappropriate due to the Structt?res' eFFect on elevating the water sur!'acc, thus <br />exacerbating flood events. ThE District's own review of the flood plain impacts <br />support che findings of the CWCB repon to this effecl. <br />4. Tubing is not an activity clependent on rhe dtversion, conrrol and captrire elernents <br />required by the RICD. The Str-ttctures hu>>e no real ef'fect wirh respect ro the <br />recreational tise reqzcested for Tztbiizg and any amounts regaiested for this use <br />must be clenied <br />Sincc Sl'ruCL'uTeS Nos. 1 and 2 are superfluous and irrclevant to the tubing <br />experience, they do not constitute appropriate diversions for this panicular <br />recreational use. Morcover, tubing becomes a dangerous activity wit11 respect to <br />the play waves created by the Structures. Several instances have occurred where <br />tubers have had co be rescued at the "C" Hole. Consequently, the uses of tubing <br />and kayalGixag are at odds with each other since the struccures req«ired for one <br />recreational use, kayaking, work to deuact and even present a risJc to participarits <br />of the otlzer activity, i.e., tubing. Tlaerefore, Tubing should not be considered as <br />one of the beneficial uses, as applied for by tlZC Applicant. <br />5. fhe amozenc of waaer soarghr for the RICD is not the mininz-ttm amorint necessary <br />ro provide a reasonable recreationul experieyace and the tivater right shoiild only <br />be available when zhere is signifccQnt, actual beneficial use. <br />Observations conducced by the DistricL s11ow maity days of non-use for kayaking <br />and no days of use For the other req«ested uses of tuUing, rafting, canoeing, etc. <br />The appropriation must only be available to the City when there are actual <br />boaters, for all uses. Otherwise, the City's call is fittile. <br />-2-