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CONCLUSIONS <br />We conclude that the proposed Durango RICD water rights will satisfy the <br />hydrologic and water rights criteria considered by the CWCB and the Water Court. <br />The Durango RICD will not impact Colorado's ability to fully develop its <br />entitlement under the Upper Colorado River Compact. The RICD is non - consumptive, <br />so it would not consume any of the water available to Colorado under its compact <br />entitlement. Detailed analysis by the Endangered Fish Flow and Colorado River <br />rCompact Water Development Workgroup indicates that potential development in the <br />San Juan River basin would command a relatively small amount of the available water <br />tresources, leaving 1,455,388 to 1,587,600 acre -feet of surplus water available for new <br />non - consumptive instream flow appropriations without adversely affecting Colorado's <br />ability to fully utilize its compact apportionment. The amount of the proposed RICD <br />water rights (encompassing 159,000 acre -feet per year) would be much less than the <br />amount of surplus water identified by the workgroup. As evidenced by the call records, <br />water shortages are presently nonexistent along the Animas River. Decreed conditional <br />water rights permit the development of additional water supplies senior to the Boating <br />Park appropriation. When complete, the Animas -La Plata Project will provide increased <br />use of the Animas River flows downstream of the Boating Park. <br />The proposed RICD will promote maximum utilization of the Animas River waters <br />within the State of Colorado. The Boating Park will have a minor impact on upstream <br />development, due to availability of streamflow that is surplus to the RICD claims, <br />decreed conditional water rights, pending claims that will be senior to the RICD, and <br />additional claims for existing uses that might be filed prior to the end of 2006. The RICD <br />will work in tandem with the Animas La -Plata project, by providing water that can be <br />diverted to Lake Nighthorse or used to satisfy bypass requirements. <br />During most years, there has been sufficient streamflow during each month to <br />support the claimed flows. With respect to exceedance probability, the proposed <br />Boating Park flows fall into appropriate percentile ranges throughout the year. <br />Essentially all the available streamflow used by the RICD will be attributable to <br />17 <br />