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<br />- 2- <br /> <br />September to consider the remand of the Steamboat Springs RICD matter. In addition, the RICD staff has a week <br />and one-half trial set in October for the Steamboat Springs RICD. Finally, the attorney for the RICD staff has a <br />vacation planned for after the Steamboat Springs trial. The Staff would suggest that the January Board meeting may <br />be a more appropriate time to consider this matter. <br /> <br />Moreover, while the Court ordered that no further evidentiary hearing is required, the Staff would respectfully <br />request the opportunity to present evidence, in order to fully comply with the Supreme Court's ruling. Clearly the <br />Supreme Court provided additional information about how to interpret the Section 37-92-102(6)(b). With this <br />information, new evidence, while not required, may be extremely helpful to the Board in making its findings and <br />recommendations. In particular, the Staff would intend to present evidence related to the intended recreational <br />experiences as they relate to maximum utilization. More specifically, if the intended recreational experiences were <br />accomplished at lower flows, then the requested flows would be wasteful and not promote maximum utilization. <br />Thus, the CWCB Staff may present evidence, and demonstrate how the intended recreational experiences may be <br />achieved at lower flows. <br /> <br />Staff Recommendation <br />The staff recommends that the Board: <br />a. Establish a simultaneous briefing schedule whereby the CWCB Staff and the Applicant <br />submit briefs by November 4, 2005; and, <br />b. Permit both parties the opportunity to present additional evidence (although not required) in <br />conjunction with the Board's January Board meeting in Denver, Colorado. <br /> <br />Flood Protection. Water Project Planning and Financing. Stream and Lake Protection <br />Water Supply Protection. Conservation Planning <br />