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June 30, 2008 <br />III. Permanent Flow Protection <br />An RICD can provide permanent flow protection. It would be a decreed water right that <br />would be protected under Colorado water law. It could be accompanied by an instream <br />flow right that would also be a decreed water right. As uses and conditions change, <br />parties find new ways to meet target flow goals. <br />IV. Pros and Cons <br />Pros <br />• RICDs allow protection of the higher flows associated with recreation ORVs. <br />By including several co- applicants, including water providers from the Front Range, <br />the parties could agree on conditions when the RICD would not call for a water right. <br />In addition, the final decree could include a pool concept for future upstream water <br />uses. <br />Cons <br />• The Glenwood Springs whitewater park is downstream of the confluence of the <br />Roaring Fork and the Colorado River and removed from Segments 4 through 7. <br />• The process to obtain a decreed water right would be unwieldy and time consuming. <br />• It may be difficult to get agreement between parties. <br />• There is no opportunity vis -A -vis a decree for non - governmental entities, the state, or <br />the federal agencies to hold the water right, but they could participate in the process <br />by filing statements of opposition in order to assure that their interests are protected in <br />the water court process. <br />IIB. RECREATIONAL IN CHANNEL DIVERSIONS AT GORE CANYON <br />I. Basic Concept <br />An application would be filed in water court for a recreational in- channel diversion for <br />Gore Canyon in Segments 4 and 5. Control structures as defined by statute would be <br />placed in the river. The Grand County Stream Management Plan (April 2008) ( "SMP ") <br />which covers most of this reach from Gore Canyon to Grand -Eagle County Line (CR -7), <br />recommended rafting and kayaking flows in this reach as follows: <br />Recreation <br />Minimum <br />Optimum <br />Kayaking — Gore Canyon <br />900 cfs <br />1200 -1400 cfs <br />Kayaking — Pum house <br />500 cfs <br />600 -1000 cfs <br />Rafting — Gore Canyon <br />1000 cfs <br />1200 -1800 cfs <br />Rafting — Pumphouse <br />700 cfs <br />900 -1300 cfs <br />There is some disagreement between these recommended flows and those that were <br />indicated by commercial rafters operating in Segment 7 when Shoshone Power Plant <br />went offline after its penstock burst in June 2007. <br />B -17 <br />