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<br />OOJ43J <br /> <br />xiv. Whether the amount claimed meets the definition ofRICD. [Improver accordinl! to <br />TU1 rPueblo sueests this rule I!oes beyond the ewCR's authoritv1 <br />xv. (Denver Water recommends a new factor: Whether the mCD promotes the <br />conservation and efficient use of the waters of the state of Colorado in order to <br />secure the I!reatest utilization of such waters.1 <br />xvi. (Southwestern SUl!I!ests addinl! a criteria: "Whether the mCD will make the river <br />basin water critical and describe the resultina: impact on existina: water ripts and <br />users."1 <br />(Southeastern I!enerallv supports the rule chanl!es under this rule 7.e1 <br /> <br />f. Pursuant to section 37-92-102(6)(b)(V1). an additional factor that is aooropriate <br />for evaluation ofRICDs is whether the RICD meets the elements of the definition of an <br />RICD in section 37-92-103(10.3) that requires the amount claimed to be the minimum <br />stream flow for a reasonable recreation exoerience. The Board should consider the <br />following factors in de~ermining whether the RICD meets the definition of an <br />RICD:rAurora sueests rewritin2 the rule this way: Pursuant to section 37-92- <br />1 02( 6)(b )evl). an additional factor that is aot>ropriate for evaluation of RICDs <br />APPLICATIONS is whether the RICD meets the elements of the definition of an RICD <br />AS FOUND in section 37-92-103(10.3). THIS that-requires the amount claimed to be <br />the "minimum stream flow" AND THAT IT BE for a reasonable recreation exoerlence. <br />The Board should consider the following factors in determining whether the FLOWS <br />SOUGHT IN THE APPLICATION &<<;I;) meets the THIS definition ef 8ft RlCD <br />1. Whether the reauested RICD is for flow rates that are for objectively reasonable <br />recreational exoenences:rAurora sueest addinl! the foUowinl! words at the <br />end of the sentence: "under the particular facts in question") <br />ii. Whether the requested RICD is for the minimum stream flows for the objectively <br />reasonable recreational exoerlences:rAurora SUl!I!ests rewritinl! this rule to <br />read: Whether the reauested RICD is for the minimum NECESSARY stream <br />flows TO ACCOMPLISH APPLICANT'S for the objectively reasonable <br />recreational exoerience IN AND ON THE WATER. TAKING INTO <br />ACCOUNT EACH TYPE OF RECREATION EXPERIENCE THAT IS <br />IDENl'D'JED. <br />iii. Whether the requested RICD is for times other than dawn to dusk: and. <br />iv. Whether the requested RICD is for a season of use outside of the typical boating: <br />season. <br />v. Whether the requested RICD improves the recreational experience soU2ht as to the ore- <br />RICD conditionS.rSouthwestem sueests modifv the term "Dre-RICD" to "non- <br />RICD") <br /> <br />[Pueblo West sueests addinl! a subfaetor a maximum Bow rate of356 d's1 <br /> <br />[This entire Rule fis imDroper accordinl! to TV. the UDper Gunnison River Water <br />Conservancv District and the Colorado River Water Conservation District1 rAurora <br />sueests addiDl! a factor as foRows: "Whether the reauest flow amounts are <br />reasonable in Jit:ht of the stream involved and the availabi1itv of water within the <br />basin.) {Pueblo SUl!I!ests deletinl! this entire rule flJSoutheastem s_eests that this <br /> <br />10 <br />