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BOARD01225
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Last modified
8/16/2009 2:59:12 PM
Creation date
10/4/2006 6:51:48 AM
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Board Meetings
Board Meeting Date
5/24/2004
Description
Summary Minutes and Record of Decisions - May 24-27, 2004
Board Meetings - Doc Type
Minutes
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<br />- 5- <br /> <br />amounts in the Applicant's current proposed decree represent the minimum stream flow necessary to <br />provide a reasonable recreation experience in or on the water for each recreational experience sought by <br />the proposed decree, Thus, the Staff recommends that the Board find that the amount of water provided in <br />the proposed decree represents the minimum amount of water necessary to provide a reasonable <br />recreational experience, for each recreational opportunity sought. The type of language in paragraph 8,C <br />of the proposed decree is sometimes referred to as "a trigger claim" and it allows the Applicant to provide <br />for different types of recreational experiences at different flow rates, while providing exchange potential <br />when a call by the Applicant will not produce the minimum needed to provide for a given recreational <br />experience. <br />The Applicant has included language in the proposed decree that assures that this water right will <br />only be in effect between 6:00 a,m, and 10:00 p,m, and this is appropriate, <br /> <br />2, Whether the RICD diverts captures and controls water in its natural course or location with physical <br />control structures. <br />The Staff recommends a finding that the structures described in the proposed decree, which are <br />based on designs contained as Exhibit A of the St. Vrain Greenway Master Plan for Longmont <br />and dated May 2001, may divert, capture, and control the water if they are properly designed and <br />constructed. <br /> <br />3, Whether the adjudication and administration of the RICD would impair the ability of Colorado to fully <br />develop and place to consumptive Beneficial Use its Compact Entitlements, <br />Pursuant to SB 216, the Board must consider the RICD's effect on Colorado's ability to develop <br />its compact entitlements, There must be a balance between the ability to operate future exchanges <br />and permit reasonable future upstream water development and the desire of the Applicant to <br />provide for a recreational experience. Pursuant to these considerations, the Staff finds, and <br />recommends to the Board, that at the flow rates provided in the proposed decree would not impair <br />the ability of Colorado to fully develop and place to consumptive beneficial use its Compact <br /> <br />Entitlements, Briefly, the South Platte River Compact states that between April 1 st and October <br /> <br />15th Colorado shall not permit diversions from the South Platte River downstream of the western <br />boundary of Washington County by Colorado appropriators junior to June 14, 1897 on any day <br />when the flow at the interstate station at Julesburg is less than 120 cfs, The RICD does not impact <br />the South Platter River Compact because the St. Vrain River is tributary to the South Platte River <br />upstream of the western boundary of Washington County and because the RICD is a non- <br />consumptive use of water. The recommended flow rates leave adequate exchange potential and <br />reasonable upstream water development potential and allow the Applicant to protect the <br />minimum flow necessary to provide several types of reasonable recreational opportunities. <br /> <br />4, Whether the RICD appropriation is for an appropriate reach of stream for the intended use, <br />The Staff recommends a finding that the reach described in the proposed decree is an appropriate <br />reach of stream for the intended uses, The Staff also recommends a finding that the RICD <br />structures, as proposed, will not significantly affect flooding, flood control, or the 100-year flood <br />elevations on property not owned by the City of Longmont. <br /> <br />5, Whether there is adequate access for the RICD, <br />The Staff recommends that the Board find that there is adequate access to the RICD and <br />associated facilities. <br /> <br />6, Whether the exercise of the RICD would cause material injury to existing ISF water rights, <br /> <br />Flood Protection. Water Project Planning and Finance. Stream and Lake Protection <br />Water Supply Protection. Conservation Planning <br />
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