Recreational In-Channel Diversion Rules (3)

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a. Whether the adjudication and administration of the RICD would materially impair the ability of Colorado to fully develop and place to consumptive beneficial use its compact entitlements. The Board, in making this finding, may consider, but is not limited to, the following: i. The amount and location of remaining unappropriated compact entitlement waters in the basin in question and at the RICD point of diversion; ii. The proximity of the RICD to the state line; iii. The proximity of the RICD to suitable upstream points of diversion or storage which may be utilized by those who would place the water to consumptive beneficial use; iv. The existence of suitable downstream points of diversion or storage for consumptive beneficial uses before the water leaves the state; V. Exchange opportunities within the state that may be adversely impacted by the existence of the RICD; vi. Whether the basin is over - appropriated; vii. The effect on other decreed, existing undecreed, or reasonably foreseeable uses of the amount of water claimed; viii. Whether a RICD shields waters from a consumptive use that would otherwise be available under a particular compact; ix. Whether beneficial consumptive water use opportunities upstream from the claimed RICD would further develop Colorado's compact entitlements and would be impaired by applicant's sought for stream flow amounts; and, X. What provisions in the application are proposed for reducing or canceling the RICD. b. 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 natural environment for which the ISF was decreed; iii. Whether the RICD, or administration of 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 for which the ISF was decreed. c. Whether the adjudication and administration of the RICD, in the amounts claimed, 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; 3