Findings of Fact and Recommendations of CWCB

Home Browse Search

The Board's findings 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 and recommendations are based on the careful balancing of future needs of the State with the Applicant's desire to provide reasonable recreational opportunities. The Board submits this document to the Water Court as its written findings and recommendation concerning the RICD. FINDINGS The Board finds as follows: 1) Subject to the amounts specified below, and the conditions set forth below in the recommendations section, adjudication and administration of the RICD will not impair Colorado's ability to fully develop and put to beneficial use its compact entitlements; 2) There is adequate access for the RICD; 3) The reach of the Gunnison River is an appropriate reach for the RICD; 4) Exercise of the RICD will not cause material injury to any CWCB instream flow water rights; 5) Subject to the amounts specified below, and the conditions set forth below in the recommendations section, adjudication and administration of the RICD is consistent with and promotes maximum utilization of Colorado's waters; 6) The 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 7) Subject to the amounts specified below, and the conditions set forth below in the recommendations section, the 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, and 250 cfs during May, August, and September RECOMMENDATIONS The Board recommends that the water court grant the RICD, in the amounts specified as providing a reasonable recreation experience in finding number 7 above, subject to the following terms and conditions: 1) The RICD will not be in effect or exercised after 10 p.m. and before 6 a.m. on any given day. 2) The RICD shall not be in effect during any month for which the Natural Resources Conservation Service reports in its Colorado, Basin Water Supply Outlook Reports as of the first day of that month a "most probable forecast" (50% chance of exceedance) for the flows of the Gunnison River at Gunnison ( "Forecast ") that is less than 70% of average. (In the event this report and /or 2