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a. The water court recognized that the RICD is a beneficial use and that the <br />amount of the RICD must be established accordingly. <br />An RICD is a beneficial use and by definition, a use is not beneficial unless it is <br />accomplished without waste. "Beneficial use is the use of that amount of water that is <br />reasonable and appropriate under reasonably efficient practices to accomplish without waste the <br />purpose for which the appropriation is lawfully made ...." C.R.S. § 37-92-103(4). The <br />prohibition against waste requires that an appropriator take no more water than is necessary. In <br />other words, auy beneficial use is limited to the minimum amount of water necessary to <br />accomplish the purpose of the appropriation.s The use of the term "minimum stream flow" in the <br />definition of RICD, which is a subset of the definition of beneficial use, reaffirms that this <br />prohibition against waste applies even though the appropriation is for in-channel diversion. <br />C.R.S. § 37-92-103 (103). <br />In the case of an RICD, the purpose of the appropriation is a reasonable recreation <br />experience. A reasonable recreation experience is defined in the CWCB Rules as "an experience <br />in and on the water that would a11ow individuals with suitable skills and abilities relating to the <br />specific recreational activity for which the water right is being sought to partake in that activity." <br />(Rule 4(0)). Therefore, the RICD must be for no more than the amount necessary for the specific <br />recreational activity for which the appropriation is sought. In this case, the Upper Gunnison <br />District sought to provide opportunities for recreational boating for a variety of skill levels and <br />watercraft. These recreational opportunities were for the benefit of the local community, the <br />tourist base, and the Outdoor Recreation prograzn at Western State College, from May to <br />5 As recognized by Rod Kuharich in his testimony to the legislature, maximum utilization <br />requires the minimum amount of water necessary to accomplish the purpose for which <br />appropriation is made. The definition of RICD includes this concept. <br />15