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<br />~J13 4 <br /> <br />timing, location, and manner in which the State of Colorado will be able to <br />maximize beneficial use of Colorado's water resources. The Board makes <br />the following findings about this RICD for rafting and canoeing: <br /> <br />1. The Board finds that there are probable future upstream junior <br />appropriations for direct diversion or storage. Examples are specifically <br />described in the pre-hearing statements filed by the Staff ofthe CWCB, <br />and the Upper Yampa River Water Conservancy District, the Town of Oak <br />Creek, and the other parties to this case. The RICD may affect the timing, <br />location and manner in which the State of Colorado will be able to <br />maximize beneficial use of Colorado's water resources. Thus, the Board <br />finds that the RICD proposed decree for rafting and canoeing, on balance, <br />do not promote maximum utilization. <br />11. The Board finds that there are probable future changes, transfers, or <br />exchanges of water rights from points of diversion downstream of the <br />reach affected by the RICD to points upstream of or in the reach affected <br />by the RICD. Thus, the RICD may affect the timing, location and manner <br />in which the State of Colorado will be able to maximize beneficial use of <br />Colorado's water resources. Thus, the Board finds that the RICD <br />proposed decree for rafting and canoeing, on balance, do not promote <br />maximum utilization. <br />111. The RICD for rafting and canoeing should not be denied because of any <br />federal policies, regulations and laws affect or will be affected by the <br />RICD. <br />IV. The Board finds that the proposed RICD appropriation for rafting and <br />canoeing does not promote maximum utilization of Colorado's water <br />resources because the Applicant has failed to use a reasonable means to <br />use, divert, capture and control the water for a RICD for rafting and <br />canoeing, so as to minimize its call upon the river and avoid waste. <br />v. The Board finds that there is not reasonable demand for rafting and <br />canoeing activities sought for this time period at the flow rates specified. <br />VI. a. The Board finds that the application has appropriate limitations <br />upon the time of day. <br />b. However, the Board finds that the application does not have <br />appropriate limitations on the days per month, and seasons during <br />which the RICD would be exercised for rafting and canoeing. The <br />RICD may affect the timing, location and manner in which the <br />State of Colorado will be able to maximize beneficial use of <br />Colorado's water resources. The Board finds that the RICD <br />proposed decree for rafting and canoeing, on balance, do not <br />promote maximum utilization. <br />V11. a. The flow rate of the proposed RICD may affect the timing, <br />location and manner in which the State of Colorado will be able to <br />maximize beneficial use of Colorado's water resources. The <br />Board finds that the RICD proposed decree for rafting and <br />canoeing, on balance, do not promote maximum utilization. <br />