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<br />2.0 EXCHANGE REACH STREAM FLOWS <br /> <br />For reasons outlined in a September 30, 2004, letter from Resource Engineering, Inc., to <br />Mr. Dan Merriman, it is the opinion of the BWCD that sufficient exchange capacity exists <br />in the Roaring Fork River above its confluence with the Fryingpan River to support the <br />exchanges proposed in the two water court applications (Attachment 1). The letter <br />provides evidence that even in a severe drought year such as 2002, sufficient water was <br />available to satisfy both the 55 cfs instream flow and proposed exchanges. This finding <br />is significant as the 2002 water year was extremely rare. Statistical analyses completed <br />by RESOURCE conclude that Roaring Fork streamflows will drop to levels observed in <br />August and September 2002 on a projected recurrence interval between 1 year in 100 <br />and 1 year in 300. We have also attached a copy of RESOURCE's February 6, 2004, <br />Memorandum documenting its statistical analysis (Attachment 2). <br /> <br />Notwithstanding the fact that the BWCD believes that the requested exchanges can <br />operate without injury to CWCB, it desires certainty in its decrees regarding its ability to <br />augment by exchange within the upper Roaring Fork River. To this end, the BWCD <br />respectively requests that the CWCB accept injury with mitigation should streamflows <br />unexpectedly drop below CWCB minimums while it is operating its Roaring Fork <br />exchange. <br /> <br />8 <br /> <br />~) <br /> <br />. <br /> <br />. <br /> <br />. <br />