Statement of Opposition ‎(6)‎

• Description: Durango RICD
• State: CO
• Basin: San Juan/Dolores
• Water Division: 7
• Date: 4/28/2006
• Author: Maynes, Bradford, Shipps & Sheftel LLP; John Barlow Spear, Steve C. Harris
• Title: Statement of Opposition
• Water Supply Pro - Doc Type: Court Documents

C. Applicant must demonstrate that it has sufficient access for the reach of the
Animas River for the water right proposed in the Application.
d. Applicant must demonstrate that adjudication and administration of the RICD
water rights sought in the Application would promote the maximum utilization of the waters of
the State.
e. Applicant must demonstrate that the amount of water sought in the Application is
reasonable and appropriate under reasonably efficient practices to accomplish without waste the
purpose for which the appropriation is sought.
f. Applicant must demonstrate that RICD water rights sought in the Application
consist of the minimum stream flow necessary for an objectively reasonable recreation
experience in and on the water.
g. Applicant must demonstrate that the control structures contemplated under the
Application properly divert the proposed water flows as contemplated under CRS section 37 -92-
103(7).
h. Applicant has requested different flow rates at three different locations within
the same time period and these flow rates should not be additive or stacked.
i. Applicant's request for a 365 -day a year water right and for daily time periods of
8 a.m. to 8 p.m. (and 6 a.m. to midnight in certain situations) for use is excessive and
unreasonable.
j. Applicant's proposed uses are ambiguous.
k. Applicant's claimed water right flow amounts are more than the minimum
necessary for a reasonable recreation experience in and on the water.
1. The Application fails to address the undecreed water use upstream from the
proposed recreational in- channel diversion.
M. The Application fails to address future development, through new or changed
water rights, upstream from the proposed recreational in- channel diversion.
n. The Application fails to provide for any modification to the RICD water right
flows in the case of drought.
o. Objector reserves the ri ght to raise additional grounds for objection as further
information becomes available to the Objector through discovery or otherwise.
3. Objector respectfully requests leave of the Court for this Statement of Opposition to be
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