Prehearing Statement of the Board of County Commissioners of the County of Summit, CO

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COLORADO DEPARTMENT OF NATURAL RESOURCES COLORADO WATER CONSERVATION BOARD PREI3EARING STATEMENT OF THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF SUMMIT, COLORADO CONCERNING THE APPLICATION FOR WATER RIGHTS FOR A RECREATIONAL 1N-CHANNEL DIVERSION OF THE TOWN OF SILVERTHORNE IN SUMMIT COUNTY The Board of County Commissioners of the County of Summit, Colorado ("Summit County"), by and through its undersigned counsel, hereby submits this Prehearing Statement for the July 20, 2005 hearing before the Colorado Water Conservation Board ("CWCB"), regarding the application for a Recreational In-Channel Diversion ("RICD") filed by the Town of Silverthorne ("Silverthorne") in Case No. 04CW217, District Court, Water Division No. 5. 1. INTRODUCTION Generally, Summit County supports the efforts of Silverthorne to develop the Blue River Whitewater Course. However, Summit County is concerned about the potential for the RICD to adversely impact several water projects in which Summit County and other entities are involved. These projects aze part of a plan to meet the - future water needs of Summit County, including growing demand in the.portion of the County above Dillon Dam and the RICD. Such projects are more fu11y discussed in the Prehearing Statement and exhibits filed by the Colorado River Water Conservation District ("River District"). Summit County concurs with the River District's position and, accordingly, adopts the arguments raised in the River District's Prehearing Statement and incorporates the same as if fully set forth herein. H. FACTUAL AND LEGAL ISSUES Whether the adiudication and administration of Silverthorne's RICD would promote maximum utilization of the waters of the State. 1. Silverthorne's Prehearing Statement, at page 3, states that "[o]ver ninety- six percent of the Colorado River drainage bmin is below the Silverthorne RICD." However, the remaining four percent of the Colorado River drainage basin, above the RICD, is wholly located in a rapidly growing area of Summit County. According to the Phase II Upper Colorado River Study ("UPCO"), Summit County will require , approximately 7900 acre-feet of additional water supply annually to satisfy future estimated demands at buildout. UPCO Phase II Report, Page ii (attached as Exhibit B to the River District's Prehearing Statement). Approximately twenty-five percent of this additional future demand will be attributable to that portion of the County located above the Silverthorne RICD. Id.