Colorado River Division 5 Pitkin County RICD 5-10CW305 Correspondence

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Sellers, Suzanne From: Susan Schneider[Susan.Schneider©state.co.us] Sent: Thursday,April 12, 2012 4:44 PM To: Tim Beaton; 'Patricia DeChristopher' Cc: Sellers, Suzanne; Steinbrecher, Scott; Kowalski, Ted Subject: Proposed Decree 10CW305 (01-31-12 Revised)Highlights not included (2) Attachments: Proposed Decree 10CW305 (01-31-12 Revised)Highlights not included (2).docx Tim and Patricia, As Suzanne and I explained to Patricia earlier today, we think that the proposed RICD, as it stands, will not get positive Findings from the Board. Here are ways that we think would lead Staff to give it a thumbs-up,which will lead the Board to give it a thumbs-up. As you may know from Carbondale, e.g., it is much easier for an applicant to settle these cases when the CWCB has given them its blessing. We want to do that here. Substantively, we had made some changes to the Proposed Decree (highlighted in yellow)that are included above that we think are important or worth discussing. Also, if you modify the proposed flow rates to the following, we can recommend a positive Finding: Pitkin County RICD Time Period Case No.5-10CW305 Proposed Flow Rates(cfs) Apr. 15 through Apr.30 195 May 1 through May 17 240 May 18 through June 10 380 June 11 through June 25 1050 June 26 through July 31 380 Aug. 1 through Labor Day 125 Time of day Daylight Suzanne informs us that under Staff's proposed flow rates and not considering the Carbondale RICD,the Pitkin RICD could call an average of 16 days. Assuming the Carbondale RICD called (average of 36 days) at every opportunity, Pitkin could then call an average of 5 days. Using Pitkin's currently proposed flows would allow the Pitkin RICD an average of 31 days of call, not considering the Carbondale RICD. Assuming the Carbondale RICD called (average of 36 days) at every opportunity, Pitkin could then call an average of 21 days. We also considered the average of 19 days of historical calls by downstream water users. Calls from senior water users,the Carbondale RICD and the Pitkin RICD could result in a river that is locked up in dry years. THANKS!! Susan Schneider First Assistant Attorney General Natural Resources and Environment 1525 Sherman Street,7th Floor Denver,CO 80203 303-866-5046 FAX: 303-866-3558 susan.schneiderstate.co.us This message may contain confidential and/or legally privileged information and is intended only for the individual(s)named.Any name or signature block is not a legally binding electronic signature. If you are not an intended recipient you are not authorized to 1