Findings of Fact and Final Recommendation

• Description: H.R. 1714/3881 Revisions
• State: CO
• Basin: Arkansas
• Water Division: 2
• Date: 1/1/3000
• Author: CWCB, City of Pueblo
• Title: Findings of Fact and Final Recommendation
• Water Supply Pro - Doc Type: Court Documents

Several of the 19 parties to the Board's proceeding requested a hearing before the
Board as provided in section 37- 92- 102(6)(a), C.R.S. (2001). The CWCB held a hearing
in Pueblo on July 22 and July 23, 2002, pursuant to the CWCB's Rules Concerning
Recreational In- Channel Diversions, 2 CCR 408 -3 (2001) ( "RICD Rules "), and section
37 -92- 102(5) & (6), C.R.S. (2001). The CWCB heard comments and oral testimony
from party witnesses and representatives, interested citizens, and the Applicant. Also, the
Board accepted and reviewed hundreds of pages of written testimony and exhibits.
The Board's findings of fact, determinations and recommendations are based on all of
the information presented to the Board. The Board considered all of the issues related to
the factors that the Board is required to consider, and the Board's findings,
determinations, and recommendations are based on the careful balancing of future needs
of the State with Pueblo's desire to provide reasonable recreational opportunities.
The Board submits this document to the Water Court as its written findings of fact
and final recommendation concerning the proposed RICD water right applied for by the
City of Pueblo ( "Pueblo" or "Applicant ") in Case No. 2- 01CW160 ( "Pueblo RICD ").
FINDINGS
The Board finds, subject to the conditions set forth below, as follows:
1) Adjudication and administration of Pueblo's RICD will not impair Colorado's
ability to fully develop and put to beneficial use its compact entitlements;
2) There is adequate access for Pueblo's RICD;
3) The reach of the Arkansas River beginning with Drop Structure 1 and ending at
the downstream limit of Pool 8 is an appropriate reach for Pueblo's RICD; the
reach beginning below Pool 8 and continuing downstream to include Drop
Structure 9 and any pool below Structure 9 is not an appropriate reach for
Pueblo's RICD;
4) Exercise of Pueblo's RICD will not cause material injury to any CWCB instream
flow water rights;
5) Adjudication and administration of Pueblo's RICD is consistent with and
promotes maximum utilization of Colorado's waters;
DETERMINATIONS
The Board determines as follows:
1) Pueblo's RICD will divert, capture, and control water in its natural course and
location with Drop Structures and Pools 1 -8, if these structures are built and
maintained as designed; and
2) Pueblo's RICD will be for the minimum stream flow necessary to provide a
reasonable recreation experience in and on the water if those stream flow amounts
are as follows:
500 cfs during June and July
250 cfs during April, May, and August, and
100 cfs during the remainder of the year.