Staff's Recommended Findings of Fact and Recommentdations

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i. The Board finds that the nature and type of recreational activity for which the RICD is sought ("recreational kayaking and related activities") and the type of recreational activity sought is appropriate for the 600 cfs flow rate sought at the time of year sought, especially considering that the Applicant has requested this higher flow rate for a maximum of 12 days a year; ii. The length of the proposed RICD is appropriate; M. The Board finds that there are adequate stream gages to measure the RICD; iv. The Applicant has failed to provide any information demonstrating that the RICD would not affect flooding, flood control, or the one-hundred year flood elevations. However, the Applicant has met with the Board Staff to discuss this matter, and the Applicant's staff has indicated a willingness to provide all of the necessary information to demonstrate that the RICD reach will not affect flooding, flood control, or the one-hundred year flood elevations. Thus, the Board includes as a condition of approval that the Applicant will provide all of the necessary information to demonstrate that the RICD reach will not affect flooding, flood control, or the one-hundred year flood elevations. c. The Board must determine whether there is access for recreational in-channel use. The Board finds that there is adequate access for the RICD. The Board makes the following findings about this RICD for the three holiday weekends, wherein 600 cfs (Level Two Flows) is claimed: i. The Board finds that the nature and extent of the access required for the activities sought is proper; ii. The Applicant has demonstrated ownership, leasehold, other legal interest, or powers of condemnation held by, or available to the Applicant. As such, the Board finds that there is adequate access for the RICD; and, iii. The Board finds that there are no impediments for the Applicant obtaining adequate access. d. The Board must consider whether the exercise of the RICD would cause material injury to existing ISF water rights. The Board makes the following findings about this RICD for the three holiday weekends, wherein 600 cfs (Level Two Flows) is claimed: i. The nature and extent of the ISF water rights do not serve as a basis to recommend denial of the RICD application; ii. There is an ISF held by the CWCB for 55 (May 1-July 31) and 52 (August 1- September 30), and 50 cfs (October 1-April 30), but the existing ISF water rights do not serve as a basis for denying the RICD water rights application. The Board notes, however, that the RICD and the ISF water rights should not be stacked (or tabulated separately) as a matter of fact and law; iii. Based on information provided by the Applicant, Trout Unlimited, and the DOW, the Board finds that the RICD would not negatively impact the natural environment for which the ISF was decreed as long as the Applicant includes the term and condition regarding ramping rates included in the proposed decree; and, iv. The Board finds that the RICD could affect the natural environment that the ISF protects during the construction process, so the Board conditions this factor on the 6