Findings of Fact, Conclusions of Law and Decree of the Court

• Description: RICD
• State: CO
• Basin: Yampa/White/Green
• Water Division: 6
• Date: 1/1/2006
• Author: Distirct Water Court, Division 6
• Title: Findings of Fact, Conclusions of Law and Decree of the Court
• Water Supply Pro - Doc Type: Court Documents

f. Decreed Amounts The Court finds that the City is entitled to an absolute water
right at each of the two RICD structures comprising the Boating Park in the quantities set forth
below, as follows:
Time
April
May
May
June
June
July
Jul
August
Period
15 -30
1 -15
16 -31
1 -15
16 -30
1 -15
16 -31
1- 15
Flows
400
650
1000
1400
650
250
100
95
(cfs)
The above amounts claimed are limited to the hours of 8:00 a.m. to 8:00 p.m. The
Boating Park RICD right is not entitled to divert, capture, or control water at the two diversion
structures in the Boating Park between 8:00 p.m. and the following 8:00 a.m., except and
provided that the City is entitled as a part of such absolute water right to the above amounts
during the hours of 8:00 a.m. until midnight on up to 10 days between April 15 and July 15 for
nighttime competitive events if each such right is first designated in writing by the City at least 5
days in advance thereof to the Division Engineer for Water Division No. 6, and provided further
that if the ending time for such a nighttime competitive event is earlier than midnight, then the
diversion under such water right shall end at the ending time of such event. The foregoing shall
not prevent a call being placed outside of the hourly limits in order to produce the decreed
amounts during the hourly limits given the transit times of water as reasonably determined by the
Division Engineer. Any call after July 15 shall not be honored unless it increases the flow at the
Boating Park RICD structures to at least 85 cfs.
g. Diversion and Control The design capacity of the two RICD structures is greater
than 1400 cfs, which allows flows of that amount to be fully captured by the high flow channel
constructed into each structure without overtopping. Flow rates up to and greater than 1400 cfs
are efficiently controlled, concentrated and diverted, without waste, to create waves and jets of
water, self - scouring pools, hydraulic holes, large changes in current direction, and whitewater
features that are used by kayakers and other boaters and inner tubers for the City's intended
recreational purposes. A low flow channel constructed into each structure controls and
concentrates water at low flow to allow passage of boats, inner tubes and other recreational water
craft through each structure at lower flows.
In view of the foregoing, the Court finds that the RICD structures at Charlie's Hole and
D -Hole control, concentrate and direct the flow of water through the structures in a manner that
constitutes a diversion under C.R.S. § 37- 92- 103(7)(2004), at all flow rates up to the maximum
amounts claimed in paragraph 6.f. above. See also Colorado Water Conservation Bd v. Upper
Gunnison River Water Conservancy Dist, 109 P.3d 585, 591 -92, 598 (Colo. 2005)(hereafter
"Gunnison "). Accordingly, the Court finds that the Boating Park structures are capable of
efficiently diverting and controlling the water flows without waste for the claimed amounts.
-4-
tk0236