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<br />.'..../'7 <br />UuJ'1:'t <br /> <br />rule would contradict the Gunnison decision. and in particular. '.f.i and '.f.ii should <br />be deleted1 <br /> <br />g. Pursuant to section 37-92-1 02( 6)(b )evI). an addition factor that is approl'riate for <br />evaluation of RICDs 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 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 requested RICD physical control structures divert. capture. control <br />and place to beneficial use the water claimed. [This entire Rule e: is improper <br />accordine: to TU. the Upper Gunnison River Water Conservancy District and <br />the Colorado River Water Conservation District1 [Aurora sue:e:ests deletine: <br />this entire Rule1 [Pueblo and Southeastern sue:e:est deletine: this entire rule <br />21 [Sue:e:estion by Southwestern to strike introductory parae:raph of e: and <br />add subfactor below f and make it subparae:raph vi] <br /> <br />h. Pursuant to section 37-92(6)(b)(VI). an additional factor that is appropriate 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 following factors in determining whether the <br />RICD meets the definition of beneficial use: <br /> <br />1. Whether the RICD is efficiently designed; and. <br />11. Whether the RICD wastes water by claiming more than the minimum stream flow <br />necessary for the objectively sought reasonable recreational experience. <br /> <br />[Southeastern. Pueblo. and the Upper Gunnison River Water Conservancy District <br />sue:e:est deletine: this entire rule h as contrary to the Upper Gunnison decision1 [The <br />Colorado River Water Conservation District sU2e:ests that this is not within the <br />CWeR's expertise. and should be deleted1 <br /> <br />1. Pursuant to Section 37-92-102(6)(b )evl). an additional factor that is determined to <br />be appropriate for evaluation ofRICDs is a description of each recreational <br />opportunity sought by the Applicant at each flow amount sought. and why the <br />flow is the minimum amount sought for each flow. [Pueblo and the Upper <br />Gunnison River Water Conservancy District sue:e:est deletine: this entire rule <br />II <br /> <br />[Pueblo West sue:e:estions to add ei2ht additional subfactors related to recirculation <br />systems. and the need to allow for recirculation systems to be required in the future <br />for RICDs1 <br /> <br />8. Additional Information <br /> <br />11 <br />