Pueblo RICD Hearing July 2002 Case No. 2-01CW160

Home Browse Search

HOLLAND & HART LLP ATTORNEYS AT LAW May 13, 2002 Page 3 administered though the proposed reach, as no decreed diversions exist within the reach. Additionally, attached at Tab 3 are excerpts of relevant portions of the U.S. Army Corps of Engineers' "Final Ecosystem Restoration Report and Environmental Assessment," dated September 2001 (the "Corps' Report "), confirming that Pueblo Dam, located upstream of the RICD reach, "is currently expected to control the "500 -year event" (page II -34). This report also finds that the levee which bounds the Arkansas River through the RICD reach has a capacity exceeding a 1,000 -year flood event (page II -34.) 5. Sufficient access exists for recreational in- channel use of the Whitewater Park. Multiple access points, including convenient put -in and take -out points for boats, are planned and will be utilized for the Whitewater Park. Access will generally be available from the existing River Trail that parallels the Arkansas River through Pueblo. The primary put -in point is anticipated to be located on the south side of the River just downstream of the Fourth Street bridge, while the primary take -out points will include the River Trail just upstream of the Union Street bridge and a point on the River Trail just downstream of the Moffat Street Boat Chute (Structure 9), adjacent to an existing parking lot owned by Pueblo. As identified on the diagram from the Corps' Report attached at Tab 4, the River Trail along the RICD reach is located on land owned either by Pueblo or the Pueblo Conservancy District (the "District "). Where necessary, easement agreements currently exist between Pueblo and the District for the River Trail. If additional authorization from the District is necessary to use the District's land for Whitewater Park purposes, including for additional access, the District has confirmed its intent to provide such authorizations in the Agreement attached at Tab 5. 6. Exercise of the RICD will not cause material injury to existing, decreed in- stream flow rights The CWCB staff has confirmed that no existing decreed in- stream flow rights will be impacted by Pueblo's RICD claim. To Pueblo's knowledge, no decreed in- stream flow rights exist on the main stem of the Arkansas River.