Statement of Basis and Purpose and RICD Rules as Adopted by the CWCB

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ii. The length of and efficiency of the diversion of the proposed reach required for the intended use; iii. Whether the RICD can be adequately measured and administered through the proposed reach; and, iv. Whether the RICD will affect flooding, flood control, or the one - hundred year flood elevations. c. Whether there is access for recreational in- channel use. The Board, in making this finding, may consider, but is not limited to, the following: i. The nature and extent of the access required for the activity for which a RICD is being sought; ii. The ownership, leasehold, or other legal interest held by or available to the Applicant for purposes of obtaining access; and, iii. Any impediments to the Applicant obtaining access determined necessary for the intended use. d. Whether the exercise of the RICD would cause material injury to existing ISF water rights. The Board, in making this finding, may consider, but is not limited to, the following: i. The nature and extent of the ISF in the proposed reach or any affected downstream reach; Ii. The timing and duration of the RICD as such may relate to the specific use which is the basis for the ISF; iii. Whether the RICD would negatively impact the natural environment for which the ISF was decreed; and, iv. Whether during the construction of the RICD structures, the construction may cause material injury to the ISF or the natural environment that the ISF protects. e. Whether the adjudication and administration of the RICD would promote - maximum utilization of the waters of the State. The Board, in making this finding, may consider, but is not limited to, the following: i. Whether there are any probable future upstream junior appropriations for direct diversion or storage; ii. Whether there are any probable future changes, transfers, or exchanges of water rights from points of diversion downstream of the reach affected by the RICD to points upstream of or in the reach affected by the RICD; iii. Whether existing federal policies, regulations and laws affect or will be affected by the RICD. iv. Whether a reasonable means is to be utilized to use, divert, capture and control the water for a RICD so as to minimize its call upon the river and avoid waste;