Staff's Recommended Findings of Fact and Recommendations

• Description: Chaffee County RICD
• State: CO
• Basin: Arkansas
• Water Division: 2
• Author: CWCB Staff
• Title: Staff's Recommended Findings of Fact and Recommendations for Chaffee County RICD
• Water Supply Pro - Doc Type: Report/Study

Staff's Recommended Findings of Fact and Recommendations
Considering the specific amounts and activities as claimed in the application, the Board makes
the following findings about this RICD from September 1 through May 15, wherein 250 cfs is
claimed.
a. Whether the adjudication and administration of the RICD would impair the ability of
Colorado to fully develop and place to consumptive Beneficial Use its Compact
Entitlements is a factor that the Board must consider. The Board makes the finding that
the adjudication and administration of the RICD, for the flow amounts and time period
specified above, would impair the ability of Colorado to fully develop and place to
consumptive Beneficial Use its Compact Entitlements. The Board makes the following
findings about this RICD from September 1 through May 15, wherein 250 cfs is claimed:
i. There remains unappropriated water that Colorado could consumptively use
upstream of the RICD reach but for the RICD water right pulling water down
through this reach. This would impair Colorado's ability to fully develop and
place to consumptive beneficial use Colorado's compact entitlements under the
Arkansas River Compact;
ii. The Board finds that the distance of this RICD to the State line is significant, and
this information does not serve as a factual basis for the Board to determine that
the RICD should be denied;
iii. The RICD is in close proximity to suitable upstream points of diversion and
upstream storage, which may be utilized by those who would place the water to
consumptive beneficial use. Examples are specifically described in the
prehearing statements filed by Aurora, Colorado Springs Utilities, the Pueblo
Board of Water Works, and the Southeastern Colorado Water Conservancy
District. More specifically, the location of Turquoise Reservoir, Twin Lakes
Reservoirs, Clear Creek Reservoir, and the Otero pump station all indicate how
this RICD, as applied for, during the months identified above, would impair
Colorado's ability to fully consumptively utilize its compact entitlements;
iv. The existence of suitable downstream points of diversion or storage for
consumptive beneficial uses before the water leaves the state both do not serve as
a factual basis for the Board to determine that the RICD should be denied under
this factor; and,
V. Exchange opportunities within the state will be adversely impacted by the
existence of the RICD and that this will impair Colorado's ability to place to-
consumptive beneficial use its compact entitlements. The Board finds as a matter
of fact that the RICD will adversely impact the ability to operate exchanges from
Pueblo Reservoir to Turquoise Reservoir, Clear Creek Reservoir, and Twin Lakes
Reservoirs, as well as the Otero pump station.
b. Whether the RICD appropriation is for an appropriate reach of stream for the intended
use is a factor on which the Board must make findings of fact. The Board makes the finding
that RICD appropriation is not for an appropriate reach of stream for the intended use, for
the flow amounts sought and the time periods specified above. The Board makes the