Laserfiche WebLink
<br />" <br /> <br />- 3 - <br /> <br />e <br /> <br />5. <br /> <br />Whether there is adequate access for the RICO. <br /> <br />The Staff recommends that the Board find that there is Illlequate access to the RlCD and associated <br />facilities. <br /> <br />6. Whether the exercise of the RICO would cause material injury to existing ISF water rights. <br /> <br />The Staffrecommends that the Board find that the exercise of the RlCD will not cause material <br />injury to existing instrearn flow water rights. There are no instream flow water rights on this <br />segment ofthe St. Vrain River. <br /> <br />7. Whether the adjudication and administration of the RICO would promote maximum <br />utilization of the waters of the State. <br /> <br />e <br /> <br />The Staff recommends that the Board find that the proposed decree, with all of the relevant tenns <br />and conditions, leaves adequate exchange potential through the RlCD reach and reasonable upstream <br />water development opportunities, as demonstrated by the flow frequency graphs presented to Board, <br />and attached hereto, and thereby allows for maximum utilization of Colorado's water resources. The <br />Applicant's proposed decree seeks 350 cfs as a maximum flow rate for this RICD water right. This <br />maximum flow rate comports with the Board's RICD policy, adopted in January 2004. Moreover, <br />given the Applicant's willingness to narrowly tailor the various flow rates to the recreational <br />opportunities sought, and to recognize triggers within this water right (so that there will be exchange <br />opportunities when a flow rate necessary for a given recreational opportunity is not available) the <br />proposed decree allows for the maximum utilization of the State's water resources. As noted above, <br />the proposed decree includes language that this water right will only be in effect between 6:00 a.m. <br />and 10:00 p.m., which also helps promote maximum utilization ofthe State's water resources. <br />While the willingness of water users to accept a water rights decree does not decide the issue of <br />maximum utilization, it is noteworthy that each of the water users in this case have indicated a <br />willingness to not oppose the proposed decree in this matter. Flows in excess of the amounts in the <br />proposed decree will reduce exchange and upstream development potential and will not contribute to <br />the maximum utilization of Colorado's water resources. <br /> <br />Staff Recommendation <br /> <br />The Staff recommends that the Board authorize the Office of the Attorney General to submit the <br />attached Findings and Recommendation to the Water Court, and to sign the attached stipulation <br />r t;nting to the attached decree. <br /> <br /> <br />f~ &d M~~at'~()wf ~ ~ <br />e --10 ~ ~.(; <br /> <br />) <br /> <br />Flood Protection. Water Proj{!Ct Planning and Finance. Stream and Lake Protection <br />Water Supply Protection. Conservation Planning <br />