Laserfiche WebLink
<br />3. <br /> <br />If no one is on or in the stream to benefit from the RISF, is the RISF "diversion" <br />actually being put to a beneficial use? Can the water right be called, if water is <br />available to satisfy the call, 24 hours a day, 7 days a week even thq.ugh there are <br />times when there is no one on or in the stream to enjoy or beneficially use the RISF? <br /> <br />e <br /> <br />RESPONSE: <br /> <br />. EW Memo argues that there is a beneficial use only when boaters are on the <br />water, and that SEO will have to constantly monitor to see if in fact boaters are on <br />the water. EW argues this required monitoring distinguishes RD's from other <br />types of water rights and makes them more expensive to administer and enforce. <br />This is wrong. The danger of waste with RD' s is no greater than with other types <br />of rights. Does the SEO make sure municipal rights aren't wasted by lawn <br />irrigation when it is raining? That every kilowatt of hydropower generated is sold <br />24 hours a day? That every drop of an instream flow is being used by the fish or <br />is necessary to protect the natural environment 24 hours a day, 365 days per year? <br />Obviously not. <br /> <br />. <br /> <br />Note the SEO's response to this question: The SEO's position is essentially <br />that the Water Court is in the best position to determine the size of the right and <br />protect against waste. SEO gives good examples of other types of rights that are <br />not fully "used" all of the time, yet not considered wasteful or constantly <br />monitored. First, SEO cites CWCB and private piscatorial rights in lakes where <br />the right is for the whole structure and often much more than required to sustain <br />the fishery. SEO also cites stock water rights that flow constantly, with very little <br />actual use by the cows. <br /> <br />e <br /> <br />. SEO is correct. Issues regarding beneficial use, the size of the right and potential <br />for waste are best determined at the front end, i.e., through the filter of the Water <br />Court where all concerned parties can present their evidence. With respect to <br />Qolrlen's RD, Golden will prove at trial that the right has been used 7 daysa <br />reek. ~ weeks a year for the amounts c1ai!De~_~_Golden's a'ppIic!!.tjon.,._ The <br />extent of the benellcial use made of the right as of the time of trial will dictate the <br />size of the right. <br /> <br />. Like any other right, if the owner of an RD does not need the water at a particular <br />time, it cannot call for it. <br /> <br />4 <br /> <br />e <br />