Colorado River Division 5 Silverthorne RICD 04CW217 State's Expert Disclosures

Home Browse Search

with the concept of beneficial use,and must control the available flow of the stream without waste. Basis of Opinion • A clear standard of beneficial use and waste is necessary to allow the Division Engineer to administer any rights granted. • With traditional water rights beneficial use and waste are more evident. For example, any time the Shoshone Power PIant cannot beneficially use without waste its full appropriation the call is reduced or eliminated. It has been past practice to not honor the call at Shoshone due to leakage at the dam. • The existing gaging on the Blue River is inadequate to administer the proposed rights. There are numerous inflows and outflows in the reaches between the whitewater course and the gaging stations. It is not enough to assume inflows and outflows will remain constant or consistently relative to the gaging stations. 3) The Applicant should be held to strict proof that the amounts requested in the application are the minimum required to provide a reasonable recreation experience in and on the water. Basis of Opinion • The definition of a Recreational in-channel diversion in contained in Section 37- 92-103(10.3). • The Supreme Court ruling in Case 04SA44 clearly indicates that the Court must determine if the application is limited to the minimum amount necessary for an objectively reasonable recreation experience.Any appropriation in excess of the minimum stream flow for a reasonable recreation experience does not put the water to beneficial use. • The existing gaging on the Blue River is inadequate to administer the proposed rights. There are numerous inflows and outflows in the reaches between the whitewater course and the gaging stations. It is not enough to assume inflows and outflows will remain constant or consistently relative to the gaging stations. Exhibits: All items identified as"Materials Examined" 9