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<br />OJJ431 <br /> <br />rule would contradict the Gunnison decision. and in particular. '.f.i and '.l.ti should <br />be deleted1 <br /> <br />g. Pursuant to section 37-92-1 02( 6)(b )(VI). an addition factor that is appropriate for <br />evaluation of RICDs is whether the RICD meets the elements of the definition of an <br />RICD in section 37-92-10300.3). that requires the amount claimed to be the minimum <br />stream flow for a reasonable recreation experience. The Board should consider the <br />following factor in determining whether the RICD meets the definition of an RICD: <br /> <br />1. Whether the reauested RlCD physical control structures divert. capture. control <br />and place to beneficial use the water claimed. (This entire Rule I! is improper <br />accordinl! to TU. the Upper Gwinison River Water Conservancv District and <br />the Colorado River Wafer Conservation District1(Aurora sue:e:ests deletine: <br />this entire Rule1 (Pueblo and Southeastern sueesf deletinl! this entire rule <br />e:1 [Sue:e:estion bv Southwestern to strike introductory parae:raph of e: and <br />add subfactor below f and make it subpanumaDh vi) <br /> <br />h. Pursuant to section 37-92( 6)(b )lYl). an additional factor that is 8Pl>ropriate for <br />evaluation ofRICDs is whether the RICD is for a beneficial use as defined in section 37- <br />92-103(4). The Board should consider the fonowing factors in determining whether the <br />RICD meets the definition of beneficial use: <br /> <br />1. Whether the RlCD is efficiently designed: and. <br />11. Whether the RICn wastes water by claitnin2 more than the minimum stream flow <br />necessary for the obiectively sought reasonable recreational eXlJerience. <br /> <br />[Southeastern. Pueblo. and the Upper Gunnison River Water Conservancv District <br />suee:est deletine: this entire rule h as contrary to the Upper Gunnison decision1 IThe <br />Colorado River Water Conservation District sUW!ests that this is not within the <br />CWCB's expertise. and should be deleted) <br /> <br />I, Pursuant to Section 37-92-102(6)(b)(Vl). an additional factor that is determined to <br />be approt>riate for evaluation ofRICDs is a description of each recreational <br />onportunitv sought by the Applicant at each flow amount sought and why the <br />flow is the minimum amount sowilit for each flow. tpueblo and the UDper <br />Gunnison River Water Couservancv District sumest deletine this entire rule <br />!l <br /> <br />lPueblo West sDeations to add eut additional subfadon related to recirculation <br />systems. and the need to aUow for recirculation systems to be reouired in the future <br />for RlCDsl <br /> <br />8. Additional Information <br /> <br />11 <br />