Re: UGRWCD RICD Application - Laserfiche WebLink

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2. Whether the RICD diverts captures and controls water in its natural course or location with physical control structures. The Staff recommends a finding that these structures may capture, possess and control the water if they are constructed as designed. It is important to note that the General Assembly has specifically recognized that these types of structures can capture, possess, and control water if they are appropriated in a manner consistent with SB 216. Similar structures for which water rights are sought prior to the passage of SB 216 could not be granted water rights because they could not capture, possess, and control the water for recreational purposes under the law that existed at the time. 3. Whether the adjudication and administration of the RICD would impair the ability of Colorado to fully develop and place to consumptive Beneficial Use its Compact Entitlements. Pursuant to SB 216, the Board must consider the RICD's effect on Colorado's ability to develop its compact entitlements. There must be a balance between the needs to operate future exchanges and permit future upstream water development and the desire of the UGRWCD to provide for a recreational experience. Pursuant to these considerations, the Staff recommends flow rates of 250 cfs for May, August and September and 500 cfs for June and July. This provides adequate exchange potential and also provides the Applicant with the minimum flow necessary for reasonable recreational opportunities. 4. Whether the RICD appropriation is for an appropriate reach of stream for the intended use. The Staff recommends a finding that a reach 1/4 of a mile is an appropriate reach of stream for the intended use. The Staff recommends a finding that the RICD will not affect flooding, flood control, or the one hundred year flood elevations, except that this right should be curtailed when flood control operations dictate, and there should be a condition in the decree that is triggered if these structures do end up causing icing problems that result in flooding upstream in the winter months. Although the Gunnison gage located at Gunnison (located just upstream on the Gunnison River) may be an appropriate gage to administer this water right, the Staff recommends that the decree include language, that the Applicant will install such measuring devices or gages as the Division Engineer may require. 5. Whether there is adequate access for the RICD. The Staff recommends that the Board find that there is adequate access for the RICD. 6. Whether the exercise of the RICD would cause material injury to existing ISF water rights.