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BOARD01316
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Last modified
8/16/2009 3:00:10 PM
Creation date
10/4/2006 6:53:11 AM
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Board Meetings
Board Meeting Date
9/13/2005
Description
WSP Section - Silverthorne (RICD) Continuation of Hearing and/or Deliberations
Board Meetings - Doc Type
Memo
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<br />c, The Board must consider whether there is access for recreational in-channel use, The <br />Board finds that there is adequate access for the RICD because the Applicant has . <br />demonstrated the ability to obtain adequate access. The Board makes the following <br />findings about this RICD: <br />i. The Board determines that the nature and extent of the access required for the <br />activities sought is not proper at this time, but the Applicant has demonstrated that <br />it has the ability to obtain adequate access; <br />II. The Applicant has demonstrated ownership, leasehold, other legal interest, or <br />powers of condemnation held by, or available to the Applicant, for purposes of <br />obtaining access. As such, the Board finds that there is adequate access for the <br />RICD; and, <br />Ill. The Board finds that there are no impediments for the Applicant obtaining <br />adequate access. <br /> <br />d. The Board must consider whether the exercise ofthe RICD would cause material injury <br />to existing ISF water rights. The Board finds that the RICD will not cause material injury <br />to existing ISF water rights. The Board makes the following findings about this RICD: <br /> <br />1. <br /> <br />The nature and extent of the ISF water rights do not serve as a basis to <br />recommend denial of the RICD application; <br />There is an ISF water right held by the CWCB for 55 (May I-July 31) and 52 <br />(August I-September 30), and 50 cfs (October I-April 30), but these water rights <br />do not serve as a basis for denying the RICD application. The Board notes, <br />however, that the RICD and the ISF water rights should not be stacked (or <br />tabulated separately) as a matter of fact and law; <br />Based on information provided by the Applicant, Trout Unlimited, and the DOW, <br />the Board finds that the RICD would not negatively impact the natural <br />environment for which the ISF was decreed as long as the Applicant includes the <br />term and condition regarding ramping rates included in the Proposed Decree and <br />as further clarified by the DOW that the ramping language should apply to all <br />three holiday weekends, and as further described in the Recommendations <br />section, below; and, <br />The Board finds that the RICD could affect the natural environment that the ISF <br />protects during the construction process, so the Board conditions this factor on the <br />Applicant consulting with the DOW and the CWCB before and during the <br />construction of the RICD structures to assure that the RICD construction will not <br />injure the natural environment that the ISF protects. This condition is also <br />described in the Recommendations section, below. <br /> <br />11. <br /> <br />Ill. <br /> <br />IV. <br /> <br />e. The Board must consider whether the adjudication and administration of the RICD <br />would promote maximum utilization of the waters of the State. The Board finds that the <br />RICD may affect the timing, location, and manner in which the State of Colorado will <br />be able to maximize beneficial use of Colorado's water resources, but with the <br />mitigating terms and conditions, on balance, the RICD would promote maximum <br />utilization of the waters of the State. The Board makes the following findings about this <br />RICD: <br /> <br />3 <br /> <br />. <br /> <br />. <br />
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