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. . . - 7 - The only info~ation the Supreme Court provided regarding the first part of this inquiry (reasonableness) is as follows: "By implication, the reasonableness of an appropriator's sought recreation experience is: directly related to the available, unappropriated stream flow, thereby depending entirely upon the river basin on which it is sought. Consequently, not all rivers and streams in the state ma~ support world-class whitewater courses despite a particular appropriator's intent, and some may h~ve so little available flow that only floating a kayak would be reasonable." Later the Gunnison dectsion states: "In an over appropriated stream basin, for example, it likely would not be objectively reasonable to have a world-class or championship level whitewater course, but it might be objectively reasonable to have a more leisure-oriented course." This analysis is unique to RICDs and is lonly relevant to an analysis of what would constitute a reasonable recreation . I expenence. In this case, the Applicant has admitted that, "the Arkansas River basin is probably the most over-appropriated major basin in the state." Moreover, the Applicant has requested water rights for "first-rate recreational ~enities... to serve the recreational interests of area citizens; to serve as attractions capable of drawing boaters and spectators from outside the area; to serve as venues capable of hosting pren#ere competitive events and river festivals; and to generate greater tourist revenue for the region's: economy." Prehearing Statement, page 2. Because the Arkansas River basin is undisputedly oVer-appropriated, the recreation experience here should not be a world-class whitewater experience sought. As such, the Board should recommend that the water court deny a water right for premiere' competitive events because it is not for a beneficial use (i.e. a reasonable recreational experience):. I Moreover, it is riot objectively reasonable to request a water right for recreational uses at all hours of the night, and throughout the entire year. The Applicant has not provided any evidence justifying a water right for nighttime hours or for the winter months. The Board should recommend that if a water right is granted, that it be limited to an objectively reasonable boating season and I boating time period of 8: am until 8 pm. I I With regard to the second prong of the analysis, the Staff recommends that the Board recommend that the wat~r court deny the application for the requested flow amounts because they are not for the minimum amount necessary for their objectively reasonable recreation experience. The best available evidence is provided in the Arkansas River Water Needs Assessment and the I EDA W study ofrecreat~onal uses. These studies show that the flow for an optimum kayaking experience begins at 1300 cfs. These studies show that the flow for an optimum rafting experience begins at 1500 cfs. The !minimumflow for acceptable recreational experiences are even less. While these studies were done for the Arkansas River headwaters area, and not specifically these kayaking play holes, they are informative. Other information from the American Whitewater Organization suggests that both reaches contain class III whitewater rapids, and that the minimum suggested flow is 600 cfs. (SWSI Repoft, page 6-25, citing hUp:l/www.americanwhitewater.org/rivers/state/CO ). Moreover, given that the rest of the headwaters area is designed by nature (which does not I necessarily efficiently d~sign structures for recreational uses), the minimum flows necessary for recreational experiences:at manmade courses could be less. As the amounts requested are not for the minimum amount necessary for even competitive recreational experiences, the Staff recommends I that the Board recommev-d that the water court deny the application as requesting a water light for something other than a b'eneficial use. I Flood Protection. Water Project Planning and Finance. Stream and Lake Protection , Water Supply Protection. Conservation Planning