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4.6.5 Whether a reasonable demand exists for the recreational activities in question <br /> as determined by levels of current use and /or estimates of future use. This factor is <br /> not within the area of my expertise. <br /> • <br /> 4.6.6 Whether the application has appropriate limitations upon the time of day, days per <br /> month, or seasons during which the RICD would be exercised. This factor is not within <br /> the area of my expertise. <br /> 4.6.7 The depth and flow rate of the proposed RICD. This factor is not within the area <br /> of my expertise. <br /> 4.6.8 With what frequency and duration the requested amounts of water for the RICD <br /> occur. The amount claimed is projected by the applicant to be available to the proposed <br /> RICD water right 88% of the time without the necessity to exercise a call on upstream <br /> junior water rights. During the last two weeks of June and the first two weeks of July, the <br /> . amount claimed is anticipated to be available 62% of the time without the necessity to <br /> exercise a call on upstream junior water rights. We are making some CRDSS model runs <br /> to further determine the reasons that water is available. It is important to understand <br /> whether the water available in the river is it due to calls by downstream seniors such a s <br /> Aspinall, the operation of the 1975 exchange between Taylor Park and Blue Mesa <br /> Reservoirs or simply natural flow availability. The reason makes a difference in <br /> determining how much upstream exchange potential there is for water in the marketable <br /> pool of Blue Mesa Reservoir. <br /> • <br /> 4.6.9 The economic effect of the RICD. Based on my knowledge of the Gunnison <br /> Basin, I would note that rafting the Gunnison has been done for many years and <br /> fishing has been a major activity as well. It is not my area of expertise to address the <br /> question of whether this brings more river runners to the area, or just a different kind <br /> and whether or not the whitewater course will have any impact on fisherman days as a - <br /> result of the perceived loss by fishermen of this small reach of stream that is open to <br /> the public. While fishing is not prohibited in the whitewater course, there is usually a <br /> trade off between the two uses. This question merits some discussion in my opinion. <br /> • <br /> 4.7 Summary of Conclusions <br /> • <br /> In creating RICD water rights, and declaring that an RICD is a beneficial <br /> use, the Colorado Legislature gave such rights a legitimate place in Colorado's <br /> doctrines of beneficial use and maximum utilization. However, if one considers a <br /> broader definition of "maximum utilization," the legislature has made clear <br /> that the adjudication and administration of RICDs should be balanced with <br /> other reasonable economic opportunities to develop and use water, both <br /> presently and in the future. Thus, an RICD must be efficient and not <br /> unreasonably impair other legitimate and foreseeable water use opportunities. <br /> This is a more strict limitation on making this type of appropriation than <br /> exists for obtaining any other water right under Colorado Water Law. <br /> '16of17 <br />