Re: Durango's RICD Application, Case No. 7-06CW9

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STATE OF COLORADO Colorado Water Conservation Board Department of Natural Resources 1313 Sherman Street, Room 721 Denver, Colorado 80203 Phone: (303) 866 -3441 FAX: (303) 866 -4474 www.cwcb.state.co.us MEMORANDUM Bill Owens Governor To: Colorado Water Conservation Board Members Russell George Executive Director From: Randy Seaholm, Ted Kowalski, Ray Alvarado, and Michelle Garrison Rod Kuharich CWCB Director Date: June 26, 2006 Dan McAuliffe Deputy Director Re: Durango's Recreational In- Channel Diversion Application, Case No. 7 -06CW9 Background In February 2006 ( "The City of Durango" or "Applicant ") filed for a Recreational In- Channel Diversion water right on the Animas River ( "the RICD "). Pursuant to section 37 -92- 102(5) & (6), C.R.S. (2001), the Colorado Water Conservation Board ( "CWCB ") is required to submit recommendations and findings to the Water Court within 90 days of the closing date for filing statements of opposition. The City of Durango requested a hearing before the Board, and the CWCB is scheduled to hold a hearing, pursuant to the CWCB's Rules Concerning Recreational In- Channel Diversions, 2 CCR 408 -3 (200 1) ( "RICD Rules "), and section 37- 92- 102(5) & (6), on July 24, 2006 in Durango. The Board's findings of fact and recommendations are due to the water court on July 28, 2006. Pursuant to Rule 11 of the RICD Rules, the Staff of the CWCB ( "Staff') must submit a written report and recommendation to the Board. The Staff hereby submits this document and the attached memoranda as its written report and recommendation to the CWCB concerning the RICD. This report and recommendation only reflects the information provided to date, and to the extent the Staff receives new or different information through rebuttal statements or at the hearing, the Staff reserves the right to alter its recommendation. The Staff adopts the Prehearing Statement and incorporates it by reference into this report and recommendation. Nothing herein shall preclude the Staff from making any arguments it deems appropriate before the water court. In addition, the Staff will provide proposed Board findings of fact and recommendations for the Board to consider on or before July 21, 2006, after reviewing all of the pre- hearing statements and rebuttal statements. Pursuant to the recent Supreme Court decision involving an application for an RICD water right by the Upper Gunnison River Water Conservation District ( "Gunnison decision "), the CWCB was granted initial, fact - finding authority on the five enumerated factors and any other factors as my be appropriate after the adoption of rules by the Board. The CWCB's role was characterized as an Colorado Water Conservation Board Flood Protection • Water Supply Planning and Finance • Stream and Lake Protection Water Supply Protection • Conservation and Drought Planning