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and thus goes beyond the rule making power of the CWCB. (Golden, Breckenridge, <br />ERWSD) <br />b This consideration is irrelevant to whether an RICD will promote "maximum utilization" <br />because it is too speculative. (NWCCOG -QQ) <br />iii. Whether a reasonable means is to be utilized to divert, capture and control the water <br />for a RICD so as to minimize its call upon the river and avoid waste, <br />iv. The effect of the RICD upon other valuable state resources, including established <br />fisheries and riparian environments; <br />t► The Staff recommends deleting this language for the reasons suggested below. <br />b Delete. Inadequate support in the statute for this provision. If there is a decree for 'piscatorial' <br />use that may be adversely impacted, the holder of the decree could raise the issue. If the <br />fishery and riparian environment uses are not decreed, this factor could be interpreted as the <br />application of "public trust" concepts, contrary to Colorado law. (NCWCD, CSU) <br />b Not clear how this consideration relates to "promot[ing] maximum utilization." (NWCCOG- <br />QQ) <br />V. Whether a reasonable demand exists for the recreational activity in question as <br />determined by levels of current use and estimates of future use, and <br />}► The Staff recommends not changing this language because it is clearly a relevant factor that <br />the Board should consider. <br />b Appears to substitute CWCB's judgement for that of the applicant by giving CWCB authority <br />to determine what level of participation constitutes a reasonable demand for the recreational <br />activity. Statue does not suggest CWCB should make this determination, which is best left to <br />the applicant. (Pueblo) <br />b It is up to the appropriator, not the CWCB, to determine whether a "reasonable demand" <br />exists for the recreational activity in question. Highlights more general comment that the key <br />element in the appropriation is the intent of the appropriator and that the appropriator and no <br />governmental agency determines the purpose of the appropriation. (Golden, Breckenridge, <br />ERWSD) <br />vi. Whether the application has appropriate limitations upon the time of day, days per <br />month, or seasons during which the RICD would be exercised. <br />t► The Staff recommends not changing this language. <br />b Appears to substitute CWCB's judgement for that of the applicant by allowing CWCB to <br />consider whether there are appropriate time restrictions attached to RICD. Statue does not <br />suggest CWCB should make this determination, which is best left to the applicant. (Pueblo) <br />15 <br />