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The statutory requirements to establish a recreational in-channel diversion water <br />right aze met by these structures and flow rates. C.R.S. § 37-92-102 and 103(10.3). <br />Application of the statutory factors to be applied by the CWCB in evaluating an <br />application, as set forth in C.R.S. § 37-92-102(6)(b), demonstrates that the CWCB should <br />make findings and a recommendation to the Water Court that the application be granted. <br />III. Factual and Legal Issues <br />The statutes regarding recreational in-channel diversions3, collectively referred to <br />herein as "S.B. 216," are very new, and various legal issues associated with S.B. 216 <br />itself, and with the RICD rules, have not been resolved, making identification of all <br />factual and legal issues difficult. <br />A. Undisputed Facts. The District believes that the following facts are <br />undisputed. <br />1. The District, a water conservancy district, is an entity designated by <br />S.B. 216 as entitled to appropriate a recreational in-channel diversion (RICD). <br />2. The RICD is located approximately 150 miles upstream of the state <br />line. <br />3. The reach of the RICD extends approximately one-quarter mile within <br />the channel of the Gunnison River. <br />4. There are no existing instream flow water rights in the proposed RICD <br />reach, or any affected downstream reach of the Gunnison River. <br />5. The nature of the activities for which the RICD is sought is boating, <br />rafting, tubing, kayaking, and other recreational activities, including fishing. <br />6. The RICD can be adequately measured and administered through <br />the proposed reach. <br />7. The RICD will not affect flooding, flood control or the one-hundred <br />year flood elevations. <br />8. A reasonable demand exists for the recreational activities for which the <br />RICD is sought. <br />B. Mixed Factual and Legal Issues: The District submits that many of the <br />points on which the CWCB is required to make findings and a recommendation to the <br />water court pursuant to S.B. 216 require interpretation and application of statutory and <br />3 C.R.S. §§ 37-92-102(5) and (6), 3?-92-103(4), (?), and (10.3), and 37-92-305(13} -(16) (2001). <br />3