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Staff Report and Recommendation <br />These recommendations are reflected in the attached Draft Order of the Colorado <br />Water Conservation Board. <br />1. Whether the amount of water sought for a RICD represents the minimum <br />stream flow necessary to provide a reasonable recreation experience in or on the <br />water. (Rule 7) <br />The Staff questions whether the UGRWCD and its designer understand the <br />requirement to limit the water right to the "minimum stream flow" necessary to provide <br />for a reasonable recreational experience. For example, the Course designer states "it is <br />my opinion that water flows of up to 2,000 cfs is what draws the most boaters from many <br />areas, and that the boating experience and the operation of the Whitewater Park are best <br />at that flow rate." Lacy Report, June 21, 2002, page 1. If the UGRWCD Whitewater <br />course was designed to operate best at the higher flows, then the design is flawed. Senate <br />Bill 216 ( "SB 216 ") only permits an entity to obtain a water right for the minimum <br />stream flow necessary to provide a reasonable recreational experience. <br />The Staff recommends that the Board find that the minimum amount of water <br />necessary to provide for a reasonable recreational experience is 250 cfs for May, August, <br />and September and 500 cfs for June and July. UGRWCD has stated that "the Whitewater <br />Park will attract many boaters at 250 cfs and above." Lacy Report, June 21, 2002, page <br />1. The limit of the summer flow amounts would be based, in large part, on balancing the <br />future needs of Colorado against the need to provide for a reasonable recreational <br />experience. There is evidence that limiting the RICD amounts during these months will <br />permit some reasonable exchange potential upstream of the proposed course. <br />The Staff also recommends that there be a limit on when the Applicant can place a <br />call for this water right in order to prevent improper calls. Recreation is the beneficial <br />use. The structures do nothing more than facilitate this use, as with all other types of <br />uses. Thus, the Staff recommends that the Board limit the Applicant to calling only when <br />there is a reasonable probability that someone will be using the course. Also, the <br />Applicant must specify a certain list of agents who may call for this water right. <br />It is not reasonable to request a water right for recreational uses at all hours of the <br />night. The Applicant has not provided any evidence justifying a water right for nighttime <br />hours. Therefore, the Staff recommends that the Applicant be limited to uses between 6 <br />a.m. and 10 p.m., and be limited to placing a call that would provide water at that time. <br />Because flows less than 250 cfs and 500 cfs will not provide the recreational <br />experiences that the Applicant is seeking, the Staff recommends that when UGRWCD's <br />call will not result in a flow rate of 250 cfs or 500 cfs, then UGRWCD's call should be <br />recognized as futile. <br />The Staff further recommends that the Applicant's request for general recreational <br />uses be denied as too vague. <br />