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? <br />hours. At this hearing, when Gary Lacy reiterated his earlier statement that the Gunnison <br />Course would attract many experienced boaters at 250 c.f.s. <br />T'he CWCB, largely based on the statements by Gary Lacy, submitted its findings <br />and recommendations to this Court on October 11 2001. Pursuant to Section 37-92- <br />305(13), the CWCB's fmdings of fact are presumptively valid. <br />STATEMENT OF THE ISSUES <br />1. WHETHER THE CWCB'S PRESUMPTIVELY VALID FINDINGS AND <br />RECOMMENDATIONS, IF SUPPORTED BY THE EVIDENCE, SHOULD <br />BE UPHELD AT TRIAL. <br />H. WHETHER THIS COURT SHOULD OVERTURN THE <br />PRESUMPTIVELY VALID FINDING THAT 250 C.F.S. IS THE MIlvIMUM STREAM FLOW NECESSARY TO PROVIDE A <br />REASONABLE RECREATION EXPERIENCE IN AND ON THE WATER. <br />III. WHETHER THIS COURT SHOULD OVERTURN THE <br />PRESUMPTIVELY VALID FINDING THAT LIMITING THE RICD TO <br />250 C.F.S. WOULD PROMOTE MAXIMUM UTILIZATION OF <br />COLORADO'S WATERS. <br />IV. WHETHER THIS COURT SHOULD OVERTURN THE <br />PRESITMPTIVELY VALID FINDING THAT 250 C.F.S. IS <br />APPROPRIATE AMOUNT OF WATER TO ALLOW COLORADO TO <br />FULLY DEVELOP AND PUT TO BENEFICIAL USE ITS COMPACT <br />ENTITLEMENTS. <br />ARGUMENT <br />I. THIS COURT SHOULD UPHOLD THE CWCB'S PRESUMPTIVELY <br />VALID FINDINGS AND RECOMMENDATIONS BECAUSE THE <br />EVIDENCE SUPPORTS THEM. <br />The General Assembly authorized the CWCB to determine whether a proposed <br />RICD uses the "minimum stream flow" for a"reasonable recreation experience" and <br />promotes "maximum utilization," among other things. § 37-92-102(6)(a)(I)-(V). The <br />5