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Applica:Ilt~c9.lJ,~ll1ti'l1~H~i!htheDOW ap.d t~eC.WCB before and during the construction of the RICD structures to assure that the RICD construction wilf not injure the natural environment that the ISF protects. e. The.Boardmust determine whether the adjudication and administration of the RICD would promote maximum utilization of the waters of the State. The Board makes the following findings about this RICD for the three holiday weekends, wherein 600 cfs (Level Two Flows) is claimed: . 1. The Board finds that there are probable future upstream junior appropriations for direct diversion or storage. Examples are specifically described in the pre-hearing statements filed by Denver, Colorado Springs Utilities, the Town of Dillon, Summit County, and the Colorado River Water Conservation District. More specifically, the location of Old Dillon Reservoir, and Dillon Reservoir indicate how this RICD, could affect upstream junior appropriations for direct diversion or storage. However, given the 600 cfs flow for a maximum of 12 days a year and that it operates only for daylight hours and given the imposition of triggers whereby the Applicant will not seek to enforce this water right if it will not pr6dticeatleilSt 540cfs,theBoard finds that there is adequate opportunity to allow upstream junior appropriations for direct diversion and storage such that the RlCD will promote maximum utilization ofthe waters of the State. However, in order to further promote maximum utilization, the Board recommends that the water court include a "dry year provision" such that the RICD shall not be in effect during any month for which the Natural Resources Conservation Service reports in its Colorado, Basin Water Supply Outlook Reports for its "most probable forecast" (50% chance of exceedance) for the flows into Dillon for April-July ("Forecast") that is less than 70% of average. (In the event this report and/or index ceases to be published, the Applicant andtheCWCB will agree upon a substitute stream flow forecasting source or method that will provide substantially the same information.) The Forecast of in any year shall deteimine the effectiveness of the RICD for the summer period and holiday weekends. For example, if the Forecast for April-July is less than 70% of average; then the RICD shall not be in effect for the summer season, including the holiday weekends; Tne Board fuidsHthafthe'proposedRICD appropriation for the flow amount sought, and the time period specified, will promote maximum utilization although there are probable future changes, transfers, or exchanges of water rights from points of diversion downstream ofthe reach affected by the RICD to points upstream of or in the reach affected by the RICD. Due to the 600 cfs flow amount sought for a maximum of 12 days a year for daylight hours only and the imposition of triggers whereby the Applicant will not seek to enforce this water right if it will not produce at least 540 cfs, the Board finds-that there is adequate opportunity to allow future changes, transfers, and exchanges of water from points located downstream of the RICD to points located upstream of the RICD; The RICD should not be denied or granted based upon any federal policies, regulations and laws; 11. 111. 7