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• Silverthorne will continue its efforts to maintain and improve the existing fishery <br /> and fish habitat in the Blue River; <br /> • The design of the RICD structures and course will be coordinated with the <br /> Colorado Division of Wildlife to ensure fish passage through the structures and <br /> course and to maintain and enhance existing habitat; <br /> • Silverthorne will consult with the CDOW to work out a mutually agreeable time <br /> or season in which to construct the rock control structures in order to minimize <br /> impact to the existing fishery, natural environment and fish habitat; <br /> • Silverthorne will agree to consult with the CDOW on construction practices to <br /> minimize disturbances to the river and minimize sediment movement; <br /> • Silverthorne will agree to consult with CDOW on any scheduled release of water <br /> from Dillon Reservoir for the requested "Level Two Flows" and will seek to <br /> implement any such scheduled release for the Level Two Flows in a manner <br /> consistent with any outflow ramping guidelines or release schedule provided by <br /> CDOW to protect the Blue River trout fishery. <br /> Basis of Opinion: <br /> 1) Pursuant to sections 33-1-101, 33-2-102, 33-2-106 and 33-5-101, C.R.S. (2005), the <br /> CDOW is vested with the responsibility to protect, preserve, enhance and manage the <br /> wildlife and its environment for the use, benefit, and enjoyment of the people of this <br /> state and its visitors. The policy of the CDOW is to provide the greatest possible <br /> variety of wildlife-related recreational opportunity to the people of the state and its <br /> visitors and, to carry out such a policy, the CDOW will continuously plan, acquire, <br /> and develop wildlife habitats and facilities for wildlife-related opportunities. The <br /> CDOW will also manage wildlife (game and non-game) by entering into agreements <br /> with federal and state agencies, political subdivisions and private parties to insure <br /> their perpetuation as members of ecosystems; that species or subspecies of wildlife <br /> indigenous to this state which may be found to be endangered or threatened within the <br /> state should be accorded protection in order to maintain and enhance their numbers to <br /> the extent possible. The CDOW will also ensure the policy of this state, that its fish <br /> and wildlife resources, and particularly the fishing waters within the state, are to be <br /> protected and preserved from the actions of any state agency to the end that they be <br /> available for all time and without change in their natural existing state, except as may <br /> be necessary and appropriate after due consideration of all factors involved. <br /> 2) The instream flow recommendations for the Blue River were based on: (a) state <br /> accepted instream flow quantification techniques and accepted stream channel <br /> geometry measurement techniques; (b) a quantification of the natural environment <br /> utilizing standard electro-fishing techniques and biological community identification <br /> methods; and(c)an analysis of the existing hydrologic data. <br /> 3) I have reviewed the above data collected by the Colorado Division of Wildlife <br /> regarding the fishery and natural biologic environmental resources of the Blue River <br /> and reviewed the instream flow analysis. I have also personally viewed the stream <br /> segments and collected additional hydrological and biological data within the affected <br /> stream reaches. <br /> 6 <br />