Staff's Recommended Findings of Fact and Recommendations

Home Browse Search

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 July 1 through August 31, wherein 700 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 pre - hearing 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 following findings about this RICD from July 1 through August 31, wherein 700 cfs is claimed: i. The nature and types of recreational activity or activities for which the RICD is sought were considered by the Board, and the types of recreational activities sought are not appropriate for the flow rates sought at the times of year sought. The Applicant has indicated that the flow rate of 700 could provide boating opportunities through this time period, but this reach is not an appropriate reach for the requested flow rate for this entire time period; 7