Findings of Fact and Final Recommendation

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RECOMMENDATION The Board recommends that the water court grant the RICD, in the amounts specified as providing a reasonable recreation experience in determination number 2 above, subject to the following terms and conditions: 1) This RICD shall be administered so as not to impede the use, reuse or successive use to extinction of trans - mountain diversions, by exchanges or otherwise. 2) This RICD will not be in effect or exercised after 10 p.m. and before 6 a.m. on any given day. 3) The RICD water rights shall not be in effect during any month for which the Natural Resources Conservation Service reports in its Colorado, Basin Water Supply Outlook Reports as of the first day of that month a "most probable forecast" (50% chance of exceedance) for the flows of the Arkansas River at Salida or Pueblo Reservoir Inflow ( "Forecast ") that is less than 70% of average. (In the event this report and /or index ceases to be published, the Applicant and the CWCB will agree upon a substitute stream flow forecasting source or method that will provide substantially the same information.) The Forecast as of June 1 in any year shall determine the effectiveness of the RICD water right for June 1 through November 14. For example, if the Forecast as of May 1 is less than 70% of average, then the RICD water right shall not be in effect from May 1 through May 31; and if the Forecast as of June 1 is less than 70% of average, then the RICD water right shall not be in effect from June 1 through November 14. 4) Any administrative call for Pueblo's RICD water right shall be presumed futile during times when Pueblo's call for the water right will not in any event produce flows equal to the decreed amount for that month at the RICD reach. For example, if Pueblo placed a call during the month of June and that call would not result in 500 cfs being made available at Pueblo's RICD reach, Pueblo's call would be presumed futile. Similarly, if Pueblo placed a call during the month of August and that call would not result in 250 cfs being made available for Pueblo's RICD, Pueblo's call would be presumed futile. 5) Applicant shall install, maintain and monitor at locations determined by the Division Engineer and at Applicant's expense such measuring devices deemed necessary by the Division Engineer to administer the terms of this decree. 6) The RICD water right should be granted for recreational boating purposes. 7) Any "call" by Pueblo for water to satisfy this RICD water right will only be honored when a substantial number of persons are reasonably anticipated to use the recreational boating course. 8) When Pueblo Reservoir flood control operations are in effect, or for other good