Arkansas River Division 2 Chaffee County RICD 2-12CW107 Consent Agenda Item 2.a

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r Consent Agenda Item 2.a January 2013 Board Meeting Case No. 2-12CW107; Chaffee County Summary This application (attached) seeks to make water rights absolute for a conditional Recreational In- Channel Diversion(RICD) on the Arkansas River located in Chaffee County, CO originally decreed in Case No. 2-04CW 129. One of Chaffee County's white water courses is the Town of Buena Vista Boating Park(B.V. Park),which is located on the Arkansas River in Buena Vista, CO. The RICD for the B.V. Park includes 4 existing structures; Structure 1 was made absolute at the time of the original decree and Structures 2, 3 and 4 are the subject of this application. The reach of the RICD for Structures 2, 3 and 4 is shown on the map attached. The RICD is decreed to operate as indicated below: Time Period Amount March 15—Thursday before 250 cfs the last Monday in May Friday before the last • 1400 cfs for 30 consecutive days during High Flow Period Monday in May—June 30 • 1800 cfs for 8 days in June all: o during the 30 consecutive days indicated above, and o during or preceding boating events • 700 cfs for remainder of period • July 1 —August 15 700 cfs August 16—November 15 250 cfs CWCB Appropriations The CWCB does not hold instream flow(ISF)water rights that could be injured by this RICD. Basis for Statement of Opposition The CWCB is concerned with whether the Applicant has properly perfected the RICD water right for the 3 subject structures decreed in Case No. 2-04CW129. Improper entry of a decree to make this water right absolute may affect Colorado's ability to promote maximum utilization of the waters of the State. Other Objectors This City of Salida is also an opposer in this case. Staff Recommendation The Staff requests that the Board ratify the Statement of Opposition (SOP) that was filed by Staff and the Attorney General's Office in this case. • Attachments:Application, SOP and Map 1