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index ceases to be published, the Applicant and the CWCB will agree upon a <br />substitute stream flow forecasting source or method that will provide substantially <br />the same information.) The Forecast as of June 1 in any year shall determine the <br />effectiveness of the RICD for June 1 through September 30. For example, if the <br />Forecast as of May 1 is less than 70% of average, then the RICD shall not be in <br />effect from May 1 through May 31; and if the Forecast as of June 1 is less than <br />70% of average, then the RICD shall not be in effect from June 1 through <br />September 30. <br />3) Any administrative call for the RICD shall be presumed futile during times when <br />UGRWCD's call for the water right will not in any event produce flows equal to <br />the decreed amount for that month at the RICD reach. For example, if UGRWCD <br />placed a call during the month of June and that call would not result in 500 cfs <br />being made available at the RICD reach, UGRWCD's call would be presumed <br />futile. Similarly, if UGRWCD placed a call during the month of August and that <br />call would not result in 250 cfs being made available for the RICD, UGRWCD's <br />call would be presumed futile. <br />4) Applicant shall install, maintain and monitor at locations determined by the <br />Division Engineer and at Applicant's expense such measuring devices deemed <br />necessary by the Division Engineer to administer the terms of this decree. <br />5) The RICD should be granted for recreational boating purposes only. <br />6) In order to prevent waste, any "call" by the UGRWCD for water to satisfy the <br />RICD will only be honored when a substantial number of persons are reasonably <br />anticipated to use the recreational boating course. <br />7) When flood control operations are in effect, or for other good <br />and sufficient reasons in an emergency situation, in the opinion of the State <br />Engineer, and the responsible governmental agencies have determined that a flow <br />of less than the RICD rate is necessary, the RICD will not receive releases from <br />any reservoirs in excess of that being released under flood control or other <br />emergency operations. <br />8) If the RICD structures result in icing conditions such that flooding upstream of <br />the RICD, and in particular in the West Branch of the Gunnison River, the <br />Applicant must take such measures to remedy the situation, including but not <br />limited to redesigning or removing the structures. <br />The Board reserves its right to address all other relevant issues before the water court. <br />3 <br />