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<br />tenns .!nd conditions. the Board finds that the RICO proposed decree. on balance. <br />promotes maximum utilizationMore specifieally;--~>>mef--ttme <br />I1ew, .Ild d.~1y-nt1<1 the trigg~l<>IHl3-1ho-llooRi-tlt"mwed-iR-tl"' <br />hettgffl6ftH:ieereet-pronlote mu.ltHmmHtttltffltt6n; <br />VII. The flow mte of the proposed RICO may alTect the timing. loc.ltion and manner <br />in whieh the State of Colorado will be able to maximize beneficial use of <br />Colorado's water resources. However. the RICO proposed decree: I) seeks a <br />flow rate for 100 efs. and 600 cfs for a maximum of 12 days a year: 2) operates <br />only during the daylight hours: and.)) includes triggers such that the Applicant <br />will not impose a call ifit will produce less than 90 efs and if a call will not <br />produce 540 cfs for the Level 2 flows. the Applicant will call for the 100 cfs flow <br />amount. Given these additional tenns .md conditions. the Board finds that the <br />RICD proposed decree. on balance. promotes maximum utilizationl'~romotes <br />muximHAHitilization because of its 8IlflF6J)rffite-ltutits: <br />viii. The frequency and duration of the requcsted amounts of water for the RICD may <br />a!Tect the timing. location and manner in which the State of Colorado will be able <br />to maximize beneficial use of Colorado's water resources. However. the RICO <br />proposed decree: I} seeks a flow rate for 100 cfs. and 600 cfs for a maximum of <br />12 days a year: 2) operates only during the daylight hours: and. J} includes <br />triggers such that the Applicant will not impose a call ifit will produce less th;l.J} <br />90 cfs and if a call will not produce 540 cfs for the Level 2 flows. the Applicant <br />will call for the 100 cfs flow amount. Given these additional temls and <br />conditions. the Board finds that the RICD proposed decree. on balance. promotes <br />maximum utilizationfor this time pcried1)f6l11otes mn.WfltHlt-ttIHtntlten: ami, <br />IX. The economic effect of the proposed RICD docs not serve as a factual basis for <br />the Board to detcrmine that the RICO should be denied or granted under this <br />factor. <br /> <br />Recommcndations <br /> <br />The Board recommends that the Water Court grant the Applicant a decree that is consistent with <br />the proDosed decree provided by the Applicant. as long as the Applicant has complied with the <br />following conditions. or the Applicant has included tenns and conditions in the vroDosed decree <br />that address the followine: conditions: <br /> <br />I. The Applic~nt shall provide all of the necessary information to demonstrate that the <br />RICO reach will not affect flooding. flood control. or the one hundred year flood elevations. <br /> <br />2. The Applicant will include a (cnn and condition regarding ramping rates included in the <br />Proposed Decree. and as further clarified by the DOW that the ramoinll.language should apply to <br />all three holiday weekends. such that if the Applicant places a call starting at 7:00 am on.l Friday <br />ofa holiday weekend. then the Applicant will consult with the DOW. Trout Unlimited. .md <br />Denver Water to detennine how lhe Apolicant will ramp UD to the appropriate flow amount <br />bCllinning at 7:00 am on that first day of the holidav weekend {i.e. the Armlicant is not seeking. <br />and the Board docs not endorse mmpinl! rales that will occur prior to 7:00 am of the first day of <br /> <br />6 <br />