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EXPERT WITNESS REPORT OF: <br /> Alan C Martellaro, PE, Division Engineer <br /> AUGUST 25, 2006 <br /> 04CW217,DIVISION 5 WATER COURT, <br /> APPLICATION OF THE TOWN OF BRECKENRIDGE <br /> MATERIALS EXAMINED: <br /> • Applicant's Water Court Application dated December 27, 2004 <br /> • USGS topographic quadrangle maps <br /> • Gaging records for the Blue River at Highway 9. <br /> OPINIONS AND BASES FOR OPINIONS: <br /> 2) The proposed Town of Silverthorne Blue River Whitewater Course,which is a <br /> recreational in-channel diversion (RICD),can be administered provided that <br /> adequate measuring devices,as required by the Division Engineer,are installed <br /> and maintained. <br /> Basis of Opinion <br /> • Any decree entered by the Court will establish a priority date and flow amount for <br /> the RICD by which the water right can be administered against existing and future <br /> decreed rights according to its priority, applicable statutes, and the available <br /> resources for the State and Division Engineers Offices. <br /> • Adequate measuring devices or gages are required to measure the flow at the <br /> whitewater course in order to administer a call for administration of the RICD. <br /> • Measuring devices or gages required for the RICD must have satellite monitoring <br /> capabilities in order to properly administer this right according the schedule <br /> proposed in the application where a call can only be placed from 7:00 Am to 8:00 <br /> PM <br /> 2) The Division Engineer cannot curtail water rights unless such curtailment will <br /> benefit the senior right. The appropriations must be measurable, must comply <br /> with the concept of beneficial use,and must control the available flow of the <br /> stream without waste. <br /> Basis of Opinion <br /> • A clear standard of beneficial use and waste is necessary to allow the Division <br /> Engineer to administer any rights granted. <br /> • With traditional water rights beneficial use and waste are more evident. For <br /> example, any time the Shoshone Power Plant cannot beneficially use without <br /> 24 <br />