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00G424 where 'er the term "RICD" a ears in a tactor. an a licant must show that its RICD meets the definit on or it has failed to meet the re uirements oflhe factor. Ser:ion 37-92-102 6' b) VI. C.R.S. authorizes the Board to make findinos re ardino the factors listed belm-\'. The Board has includ d "sub-factors" under each ma'or statuto 'factor that rovide notice to all a lieatHs as to what i ues are a 1'0 riate tDr consideration to meet the ma"or statutory factors. Thus. these sub-ta tors constitute other factors under section 37-92-102 6 b VI that must be c.onsidered in order t have a ro er and meanimrful evaluation of an RICD a lication:lPueblo SU2:2:csts fourth entence is unclear Aurora su est rewritin this introducto Ian ua e in the followi manner: The Board is re uired to make certain FACTUAL findin RELATIVE TO E CD RICD APPLICATIONaboHt RICDs. The statuto . definition ofRICD re uires that the a licant claim onI the minimum stream flow THAT THE FLO\V WOULD BE USED or a reasonable recreation ex erience IN AND ON THE WATER AND that THE FLOW BEts diverted. ea tured. controlled. and laced to beneficial use. Where the existilll! statuto ! factors contain the statutorilv defined term "RICD" defiaition. that detinition must be met. T us. wherever the term "RICD" a ears in a factor an a licant must show that its RICD meets t e definition or it has failed to meet the uirements of the factor. Section 37-92- 1026) . VI. C.R.S. authorizes the Board to make findin s re ardin 1 the factors listed below. The Bo' rd has included "sub-factors" under each ma' or statutory factor that rovide notice to all a Iiean s as to what isslles are EVIDENCE IS TO riate for consideration IN THE BOAR '8 ESTABLISHMENT OF ITS FACTUAL FINDING meters. rhus. these sub-factors constitute other factors under section 37-92-102 '6 b VI that must be onsidered in order have a ro er and meaninoful evaluation of an RICD a licarion: a. the adjudication and administration of the RICD would impair the ability of lorado to fully develop and place to (;Oplb.....ilti~ Beneficial Use its Compact titlements. The Board, in malring this finding, may consider, but is not limited to, the t4 Ilowing: i. The amount and location of ~ 1IDapplopriated Compact F.otit1ement waters in the basin in question and at the RlCD point of diversion; The proximity of the RIen to the state line; The proximity of 1he RICD to suitable lIpStrewn points of diversion or storage which may be utilized by those who would place the water to consumptive beneficial use; The exLVence of suitable downshQW1 points of diversion or storage for consumptive beneficial uses before the water leaves the state; and, Exchange opp()rln..~ties within the state 1hat may be adversely impacted by the existence of the RlCD. Whether the basin is over- fO riat . U r Gunnison River Water Conservanev District sU22ests that this Rule is inappropriate and should be deleted) lThe Colorado River Water Conservation District and Pueblo SU22eSt that this factor mav not be appropriate because RICDs are non- consumptivel The amounts of water c1aime . U er Gunnison River Water Conservan District SU2f!ests that this Rule is inappropriate and should be deleted) VlU The effect on otIier uses of the amount of water claimed Pueblo su ests not includin2 this Ianna2e. but at the verv least. iDcludin2 the word "decreed" in front to fide word "uses"lJAurora sU22esfs rewritin2 the rule this wav: iv v. .\~ flf ~~ / ~ '" r~b tc1/ vii. 4 ~f