BOARD01316

• Board Meeting Date: 9/13/2005
• Description: WSP Section - Silverthorne ‎(RICD)‎ Continuation of Hearing and/or Deliberations
• Board Meetings - Doc Type: Memo

terms and conditions, the Board finds that the RICD proposed decree, on balance,
promotes maximum utilization; .
Vll, The flow rate of the proposed RICD may affect the timing, location and manner
in which the State of Colorado will be able to maximize beneficial use of
Colorado's water resources. However, the RICD proposed decree: 1) seeks a
flow rate for 100 cfs, and 600 cfs for a maximum of 12 days a year; 2) operates
only during the daylight hours; and, 3) includes triggers such that the Applicant
will not impose a call if it will produce less than 90 cfs and if a call will not
produce 540 cfs for the Level 2 flows, the Applicant will call for the 100 cfs flow
amount. Given these additional terms and conditions, the Board finds that the
RICD proposed decree, on balance, promotes maximum utilization;
VllL The frequency and duration of the requested amounts of water for the RICD may
affect the timing, location and manner in which the State of Colorado will be able
to maximize beneficial use of Colorado's water resources. However, the RICD
proposed decree: 1) seeks a flow rate for 100 cfs, and 600 cfs for a maximum of
12 days a year; 2) operates only during the daylight hours; and, 3) includes
triggers such that the Applicant will not impose a call if it will produce less than
90 cfs and if a call will not produce 540 cfs for the Level 2 flows, the Applicant
will call for the 100 cfs flow amount. Given these additional terms and
conditions, the Board finds that the RICD proposed decree, on balance, promotes
maximum utilization; and,
IX. The economic effect ofthe proposed RICD does not serve as a factual basis for
the Board to determine that the RICD should be denied or granted under this
factor. .

Recommendations

The Board recommends that the Water Court grant the Applicant a decree that is consistent with
the proposed decree provided by the Applicant, as long as the Applicant has complied with the
following conditions, or the Applicant has included terms and conditions in the proposed decree
that address the following conditions:

I, The Applicant shall provide all of the necessary information to demonstrate that the
RICD reach will not affect flooding, flood control, or the one hundred year flood elevations.

2. The Applicant will include a term and condition regarding ramping rates included in the
Proposed Decree, and as further clarified by the DOW that the ramping language should apply to
all three holiday weekends, such that if the Applicant places a call starting at 7:00 am on a Friday
of a holiday weekend, then the Applicant will consult with the DOW, Trout Unlimited, and
Denver Water to determine how the Applicant will ramp up to the appropriate flow amount
beginning at 7:00 am on that first day of the holiday weekend (i.e. the Applicant is not seeking,
and the Board does not endorse ramping rates that will occur prior to 7 :00 am ofthe first day of
the holiday weekend, rather the Applicant will ramp up to the 600 cfs flow rate starting at 7:00
am on the first day of the holiday weekend).

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