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<br />- 2- <br /> <br />)" <, <br />,/ <br /> <br />. <br /> <br />the requested flow amounts to the various recreational opportunities sought. The Staff agrees that . <br />the flow amounts in the Applicant's current proposed decree represent the minimum stream flow <br />necessary to provide a reasonable recreation experience in or on the water for each recreational <br />experience sought by the proposed decree. Thus, the Staff recommends that the Board find that the <br />amount of water provided in the proposed decree represents the minimum amount of water necessary <br />to provide a reasonable recreational experience, for each recreational opportunity sought. The type <br />of language in paragraph 8.C of the proposed decree is sometimes referred to as "a trigger claim" <br />and it allows the Applicant to provide for different types of recreational experiences at different flow <br />rates, while providing exchange potential when a call by the Applicant will not produce the <br />minimum needed to provide for a given recreational experience. <br /> <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 <br />physical control structures. <br /> <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 and <br />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 . <br />Colorado to fully develop and place to consumptive Beneficial Use its Compact Entitlements. <br /> <br />Pursuant to SB 216, the Board must consider the RlCD's effect on Colorado's ability to develop its <br />compact entitlements. There must be a balance between the ability to operate future exchanges and <br />permit reasonable future upstream water development and the desire of the Applicant to provide for a <br />recreational experience. Pursuant to these considerations, the Staff finds, and recommends to the <br />Board, that at the flow rates provided in the proposed decree would not impair the ability of Colorado to <br />fully develop and place to consumptive beneficial use its Compact Entitlements. Briefly, the South <br />Platte River Compact states that between April 1st and October 15th Colorado shall not permit diversions <br />from the South Platte River downstream of the westem boundary of Washington County by Colorado <br />appropriators junior to June 14, 1897 on any day when the flow at the interstate station at Julesburg is <br />less than 120 cfs. The RlCD does not impact the South Platter River Compact because the St. Vrain <br />River is tributary to the South Platte River upstream of the western boundary of Washington County <br />and because the RlCD is a non-consumptive use of water. The recommended flow rates leave adequate <br />exchange potential and reasonable upstream water development potential and allow the Applicant to <br />protect the minimum flow necessary to provide several types of reasonable recreational opportunities. <br /> <br />4. Whether the RICD appropriation is for an appropriate reach ofstream for the intended use. <br /> <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 fmding that the RlCD structures, as <br />proposed, will not significantly affect flooding, flood control, or the I DO-year flood elevations on _ <br />property not owned by the City of Longmont. ., <br /> <br />Flood Protection. Water Project Planning and Finance. Stream and Lake Protection <br />Water Supply Protection. Conservation Planning <br />