Staff's Recommended Findings of Fact and Recommentdations

• File Number: 8230.51A5
• Description: Staff Recommendations/Board Memos
• State: CO
• Basin: Colorado Mainstem
• Water Division: 5
• Date: 1/1/3000
• Author: CWCB
• Title: Staff's Recommended Findings of Fact and Recommentdations
• Water Supply Pro - Doc Type: Record of Decision

Staff's Recommended Findings of Fact and Recommendations
1. Considering the specific amounts and activities as claimed in the application, the Board makes
the following findings about this RICD from May 1 through September 30, wherein 100 cfs is
claimed ("Level One Flows").
a. The Board must consider whether the adjudication and administration of the RICD would
impair the ability of Colorado to fully develop and place to consumptive Beneficial Use
its Compact Entitlements. The Board makes the finding that the adjudication and
administration of the RICD, for the flow amounts and time period specified above, would
not impair the ability of Colorado to fully develop and place to consumptive Beneficial
Use its Compact Entitlements. The Board makes the following findings about this RICD
from May 1 through September 30, wherein 100 cfs (Level One Flows) is claimed:
i. There remains unappropriated water that Colorado could consumptively use
upstream of the RICD reach but for the RICD water right pulling water down
through this reach under the Level One Flows. The RICD could impair
Colorado's ability to fully develop and place to consumptive beneficial use
Colorado's compact entitlements under the Colorado River Compact, the Upper
Colorado River Compact, and the associated law of the river, except that the
RICD seeks a flow rate for 100 cfs and operates only during the daylight hours,
and the proposed decree includes triggers such that the Applicant will not impose
a call if it will produce less than 90 cfs. Given these additional terms and
conditions, the Board finds that the RICD does not impair the ability of the State
of Colorado to consumptively use it Compact entitlements;
ii. The Board finds that the distance of this RICD to the State line is significant, and
this demonstrates a factual basis for granting the RICD;
The RICD is in close proximity to suitable upstream points of diversion and
upstream storage that may be put to consumptive beneficial use. Examples are
specifically described in the pre-hearing statements filed by Denver, Colorado
Springs Utilities, the Colorado River Water Conservation District, the Town of
Dillon, and Summit County. More specifically, the location of Dillon Reservoir
and Old Dillon Reservoir indicates how this RICD, as applied for, during the
months identified above, could impair Colorado's ability to fully utilize its
compact entitlements. However, the Board finds, on balance, that because the
RICD seeks a flow rate for 100 cfs, only during the daylight hours, which
includes triggers such that the Applicant will not impose a call if it will produce
less than 90 cfs, the RICD does not impair the ability of the State of Colorado to
consumptively use it Compact entitlements;
iv. The existence of suitable downstream points of diversion or storage for
consumptive beneficial uses before the water leaves the state supports a finding
that the RICD should be granted under this factor. There are numerous
downstream diversions and storage reservoirs that could be used so that Colorado
can place to full consumptive use its compact entitlements; and,
v. Exchange opportunities within the state may be adversely impacted by the
existence of the RICD that could impair Colorado's ability to place to