Statement of Opposition (9) - Laserfiche WebLink

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to place water to beneficial use in the Animas River watershed. Additionally, such impacts may impair Colorado's ability to place its compact entitlements to beneficial use, and may infringe on the state policy to maximize the beneFicial use of all Colorado waters. C. Applicant must be held to strict proof with respect to each element of its claim for water rights and the statutory criteria to be considered in RICD cases, including, but not limited to, the following: (1) Applicant's ownership of or enforceable right to use each water right and structure described in the application. (2) Whether applicant has taken the steps required under Colorado law to initiate the claimed water rights, and, if so, on what date, in what amounts, and for what uses. (3) Whether the claimed water rights can and will be completed with diligence and within a reasonable time. (4) The adequacy of measurement, accounting, and administration of Applicant's diversions. (5) The adequacy of protective terms and conditions which must be imposed upon applicant to prevent injury to Objectors. (6) Whether the application is limited to the minimum stream flow necessary for a reasonable recreation experience in and on the water. (7) That the proposed water right will be diverted, captured, controticd, and placed to beneficial use between specific points defined by physical control structures. (8) Whether the adjudication and administration of the recreational in- channel diversion would impair the ability of Colorado to fully develop and place to consumptive beneficial use its compact entitlements. (9) The appropriate reach of stream required for the intended use. (10) Whether there is access for recreational in- channel use. (11) Whether exercise of the recreational in- channel diversion would cause material injury to instream flow water rights appropriated by the Colorado Water Conservation Board. 2