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<br />following findings about this RICO from Mtty-l---thmugJl-Set~tefHbef 30, whereffl....+OO <br />cfs (Level Qne-Flows) is claimed: <br />I. The Board finds that the nalUre and type of recreational activity for which thc <br />RICO is sought ("passage or recreational watercraft"), and the type of recreational <br /><:letivity sought is appropriate l'Or the 100 cfs and 600 efs now mte claimed for this <br />time of year; <br />11. The Board finds that the length of the proposed RICO is KIl-appropriatc-r~f <br />stream~~ <br />Ill. The Board finds that there are adequate stream gages to measure the RICO; <br />IV. The Applicant has f.1.ilcd to provide any information demonstrating that the RICO <br />would not affect flooding. flood control, or the one-hundred year flood elevations. <br />llowever. the Applicant has met with the Uoard Staff to discuss this matter, and <br />thc Applicant's staff has indicated a willingncss to provide all of thc nccessary <br />infonnation to demonstrate that the RICO reach will not affect flooding, flood <br />control. or the one-hundred year flood elevations. Thus, the Board ineludes as a <br />condition of approval that the Applicant will provide all of the necessary <br />infom1i1tion to demonstrate that the RICO reach will not afTect flooding, Oood <br />control. or the one-hundred year flood elevations. This condition is also set forth <br />in the Recommcndations section. below. <br /> <br />c. The Board must consider whether there is access for recreational in-channel use. The <br />Board finds that there is adequatc aCcess for the RICO because the Applicant has <br />demonstrated the ability to obtain adequate access. The Board makes the following <br />findings about this RICO-from May I thr~eHlber 30, wltert!ffi 100 cfs-{be\lel-One <br />F!<>wsj+.reffiin...l: <br />I. The Board detennines that the nature and extcnt of the access requircd for the <br />activities sought is not proper at this time. but the Agplicant has demonstrated th;!J <br />it has the ability to obtain adequatc access; <br />II, The Applicant has demonstrated owncrship. leaschold, other legal interest. or <br />powers of condcmnation held by. or available to the Applicant. for purposes of <br />obtaining acccss. As such. the Board finds that there is adequate .lccess for the <br />RICD; and, <br />111. The Board finds that there arc no impedimcnts for the Applicant obtaining <br />adcquate access. <br /> <br />d. The Board must consider whether the exercise of the RICD would cause material injury <br />to existing ISF water rights. The Board finds that the RICD will not cause material iniury <br />to existinR ISF water rights. The Uoard makes the following findings about this RICO <br />frem-May-l-through September 30, wherein 100 cfs (LeYe....Gne Flows) is ellli~: <br /> <br />I. The nature and extent of the ISF watcr rights do not serve as a basis to <br />recommend dcnial oCthe RICO application; <br />II. There is an ISF water right held hy the ovcn for 55 (May I-July 31) and 52 <br />(August j.Septcmher 30). and 50 cfs (October I-April 30). but these water rights <br />do not serve as a basis for denying the RICD application. The Board notes. <br />however, that thc Riel) and (he ISF water rights should not be stacked (or <br />tabulated separately) as a matter of fact and law; <br /> <br />3 <br />