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U~~0~l;f\ U10JC't'J wherever the term "RICD" appears in a factor. an ap{llicant must show that its RICD meets the definition or it has failed to meet the reQuirements of the factor. Section 37-92-102(6)(b)(VD. C.R.S. authorizes the Board to make findings regarding the factors listed below. The Board has included "sub-factors" under each malor statutory factor that provide notice to all applicants as to what issues are appro{lriate for consideration to meet the malor statutory factors. Thus. these sub-factors constitute other factors under section 37-92-102(6)(b)(VD that must be considered in order to have a proper and meaningful evaluation of an RICD application:[Pueblo sueeests fourth sentence is unclearUAurora sueeest rewritine this introductory laneuaee in the followine manner: The Board is reQuired to make certain FACTUAL findings RELATIVE TO EACH mCD APPLICATIONaboat RlCDs. The statutory definition ofRICD reQuires that the applicant claim only the minimum stream flow. THAT THE FLOW WOULD BE USED for a reasonable recreation experience IN AND ON THE WATER. AND that THE FLOW BEts diverted. captured. controlled. and placed to beneficial use. Where the existing statutory factors contain the statutorily defined term "RICD" definition. that definition must be met. Thus. wherever the term "RICD" appears in a factor. an applicant must show that its RICD 'meets the definition or it has failed to meet the requirements ofthe factor. Section 37-92- 102(6)(b)(VI). eR.s. authorizes the Board to make findings regarding the factors listed below. ~ i The Board has included "sub-factors" under each malor statutory factor that provide notice to all applicants as to what issues Me EVIDENCE IS appro{lriate for consideration IN THE C\' BOARD'S ESTABLISHMENT OF ITS FACTUAL FINDINGSto meet the maior statutory ~ factors. hus these sub-factors constitute other factors under section 37-92-102 6 b that ust e considered in order have a ro er and meanin ful evaluation of an RICD a lication: a. Whether the adjudication and administration of the RICDwoUIalmpair'lheaoilityof Colorado to fully develop and place to consumptive Beneficial Use its Compact Entitlements. The Board, in making this finding, may consider, but is not limited to, the following~ !~}c \-..",,~A-r, . i. The amount and location of remaining unappropriated Compact Entitlement waters in the basin in question and at the RICD point of diversion; The proximity ofthe RICD to the state line; The proximity of the RICD to suitable upstream points of diversion or storage which may be utilized by those who would place the water to consumptive beneficial use; The existence of suitable downstream points of diversion or storage for consumptive beneficial uses before the water leaves the state; and, Exchange opportunities within the state that may be adversely impacted by the existence ofthe RICD; Whether the basin is over-a ro riated' U er Gunnison River Water Conservancy District sueeests that this Rule is inappropriate and should be deletedl [The Colorado River Water Conservation District and Pueblo sueeest that this factor may not be appropriate because mCDs are non- consumptivel The amounts of water claimed' U er Gunnison River Water Conservanc District sueeests that this Rule is inappropriate and should be deletedl The effect on other uses of the amount of water claimed.rPueblo sueflests not includine this laneuaee. but at the very least. includine the word "decreed" in front to tbte word "uses"l [Aurora sueeests rewritine the rule this way: .~ .~tr~ ~~ " 11. 111. IV. v. '\.~ ~ :;;,~\ VI. q 0-1: // \ t// V111. ~t~ 4 It~ .15 ~- ,," .tl~l1~ ~I/ \~ \615 ~,~)'t1 ~ rtl;/f ~ tJ'/ 4 ll" f/j/ .) '~'O . ~~~~j