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1) The RICD will not be in effect or exercised after 10 p.m. and before 6 a.m. on any <br />given day. <br />2) The RICD will not be in effect or exercised during auy time when the hydrograph <br />would permit the Redlands Power Canal water rights or the Gunnison Tunnel <br />water right to call for their senior water rights. The water rights for the Redlands <br />Power Canal are: 670 cfs decreed in Case No. W1927; 80 cfs decreed in Case <br />No. W8303; and 100 cfs decreed in Case No. 94CW228 (subject to terms and <br />conditions in FERC permit). The water right for the Gunnison Tunnel is decreed <br />for 1300 cfs in Case No. W 1745. <br />3) Any administrative call for the RICD will be presumed futile during times when <br />enforcement of the call for the water right by the water administration officials <br />would not in any event produce flows equal to or greater than 250 cfs. <br />4) Applieant wtll install, maintain and monitor at locations determined by the <br />Division Engineer and at Applicant's expense such measuring devices deemed <br />necessary by the Division Engineer to administer the terms of this decree. <br />5) The RICD should be granted for recreational boating putposes only and not for <br />any other recreational purpose. <br />6) Any administrative call for.the RICD will only be honored when a substantial <br />number of persons are reasonably anticipated to use the recreational boating <br />course, in order to prevent waste. The Board reserves the right to address these and all other relevant issues before the <br />water court. <br />Respectfully submitted this 11t' day of October 2002. <br />KEN SALAZAR <br />Attomey General <br />^ ?'l q49 <br />1* <br />Assistant Atterfiey Gen(,-ral ? <br />Natural Resources and Environment Section <br />Attomeys for Colorado Water Conservation <br />Board <br />3