Trial Brief Case No. 02CW38 - Laserfiche WebLink

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made its written findings and recommendations final in a continuation of the hearing held by telcphone conference on October l; 2002. The Board's findings and recommendations ate based on consideration of all of the information presented tu the Boazd, the factors the Board is required to consider, and a careful balancing of future needs of the State with the Applicaut's desire to provide reasonable recreational opportunities. • The Baard submits this docutnent to the Water Court as its written findings and recommendations concerning the RICD. FIlVDING5 The Board finds as follows: 1) Subject to the amounts specified below, and the cvnditious set forth below in the recomrnendations section, adjudication and adtninistration of the RICD will not impair Colorado's ability to fully develop and put to beneficial use its compact entitlements; 2) There is adequate access for the RICD, provided that the Applicant demonstrates legal access to the private property located within the RICD reach that was identified in testimony at the heazing; 3) The reacb of the Gunnison River beginning with Structure 2 atd continuing downstream to include 5tntcture 6, identified in testimony at the hearing, is ab appropriate reach for the RICD; 4) Exercise of the RICD witl not cause material injuty to atiy CWCB instream flow water rights; 5) 5ubject to the amounts specified below, and the conditi ons- set fortll below in the recommendatiotis section, adjudication and administration of the RICD is consistent with and promotes maximum utiYization of Colorado's waters; 6) At the stream flow'amount specifisd in Finding 47 below, the RICD will divert, capture, and bontrol water in its ratural course and location, if 5tructures 2-6 are built az?d maintained as designed; and 7) Subject to the conditions set fortb below in the recommendativns section, the RICD stream fl.ow will create whitewater features sufficient to at#tact experienced whitewater kayakers and therefore will be for the minimtiun stream flow necessary to provide a reasonable recreation experience in atid on the water if those stream flow amaunts ate as follows: 250 cfs during May through 5eptember, and 0 cfs durin,g the rest of the year ' RECOMMENDAT[ON5 The Eoard tacommends that the water court grant the RICD, in the amotwts specified as providing a reasonable recreation experience in finding number 7 above, subject to the following terms and conditivns: 2