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<br />7 <br />The Boazd further found that as long as the foregoing recommendation and <br />conditions are adhered to: <br />1) the RICD will not impair Colorado's ability to fully develop and put to <br />beneficial use its compact entitlements; <br />2) there is adequate access for the RICD; <br />3) the reach of the Gunnison River beginning with Structure 2 and continuing <br />downstream to include Structure 6, is an appropriate reach for the RICD; <br />4) exercise of the RICD will not cause material injury to any CWCB instream <br />flow water rights; <br />5) adjudication and administration of the RICD is consistent with and promotes <br />maximum utilization of Colorado's waters; <br />6) the RICD will divert, capture, and control water, if Structures 2-6 are built and <br />maintained as designed; and <br />7) the RICD stream flow will create whitewater features sufficient to attract <br />experienced whitewater kayakers and therefore will be for the minimum <br />stream flow necessary to provide a reasonable recreation experience in and on <br />the water. <br />(CWCB Findings and Recommendations attached hereto as Exhibit A). <br />STATEMENT OF FACTS <br />In Case No. 4-02CW38, the Applicant applied for water rights for a whitewater <br />course (the "Gunnison course") designed and constructed by Gunnison County. The <br />Applicant was not involved in the design and construction of the course and will have no <br />involvement in the operation of the course. <br />3