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granted, granted with conditions, or denied. § 37-92-102(6)(a). The sta.tute requires the <br />Board to consider the following factors when formulating its recommendation to the <br />water court: (i) whether the RICD would impair the Colorado's ability to fully develop <br />and use its compact entitlements; (ii) whether the stream reach is appropriate; (iii) <br />whether the RICD has appropriate access; (iv) there would be material injury to CWCB <br />instream flow water rights; (v) whether the RICD would promote maximum utilization of <br />waters; and (vi) any other appropriate factors set by CWCB regulations. Id. All findings <br />of fact contained in the recommendation of the CWCB are presumptive as to such facts, <br />subject to rebuttal by any party. § 37-92-305(13), C.R.S. (2002). The Board may defend <br />such findings through participation in the water court proceedings. § 37-92-102. <br />At trial, the CWCB will defend the following presumptively valid fmdings: The <br />Board has recommended that the Court grant the Applicant a RICD in the amount of 250 <br />c.f.s. to be used May through September, from 6 a.m. to 10 p.m., provided that the RICD: <br />(1) will not be in exercised during any tune when the Redlands Power Canal <br />water right or the Gunnison Tunnel water right call for their senior water <br />rights; <br />(2) will not be exercised for amounts under 250 c.f.s. (because that amount would <br />not meet the intended beneficial use); <br />(3) has an adequate measuring device; <br />(4) will be limited to recreational boating purposes only; and <br />(5) a call for the RICD will be honored only when a substantial number of <br />persons are reasonably anticipated to use the recreational boating course (in <br />order to prevent waste) <br />2