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vJ13b beneficial use of Colorado's water resources. The Board makes the following findings about this RICD for freestyle kayaking: 1. The Board finds that there are probable future upstream junior appropriations for direct diversion or storage. Examples are specifically described in the pre-hearing statements filed by the Staff ofthe CWCB, and the Upper Yampa River Water Conservancy District, the Town of Oak Creek, and the other parties to this case. The RICD may affect the timing, location and manner in which the State of Colorado will be able to maximize beneficial use of Colorado's water resources. Thus, the Board finds that the RICD proposed decree for freestyle kayaking, on balance, do not promote maximum utilization. 11. The Board finds that there are probable future changes, transfers, or exchanges of water rights from points of diversion downstream of the reach affected by the RICD to points upstream of or in the reach affected by the RICD. The RICD may affect the timing, location and manner in which the State of Colorado will be able to maximize beneficial use of Colorado's water resources. Thus, the Board finds that the RICD proposed decree for freestyle kayaking, on balance, do not promote maximum utilization. iii. The RICD for kayaking should not be denied because of any federal policies, regulations and laws affect or will be affected by the RICD. IV. The Board finds that the proposed RICD appropriation for freestyle kayaking does not promote maximum utilization of Colorado's water resources because the Applicant has failed to use a reasonable means to use, divert, capture and control the water for a RICD for kayaking, so as to minimize its call upon the river and avoid waste. v. a. The Board finds that there is a reasonable demand for freestyle kayaking activities sought for the time period of April 15 through July 15. b. However, the Board finds that there is not reasonable demand for freestyle kayaking at the 250 cfs flow rate or the 400 cfs flow rate. VI. a. The Board finds that the application has appropriate limitations upon the time of day. b. The Board finds that the application does have appropriate limitations on the days per month, and seasons during which the RICD would be exercised for freestyle kayaking. c. However, to the extent that the Applicant's intent is to hold world- class, internationally recognized competitions, the flows applied for by the Applicant do not have appropriate limitations on the days per month and the seasons during which the RICD would be exercised for these types of competitions. Vll. a. The flow rate of the proposed RICD may affect the timing, location and manner in which the State of Colorado will be able to maximize beneficial use of Colorado's water resources. The Board