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b. Whether the Applicant is or will be diverting, capturing, and controlling <br />water in its natural course or location with physical control structures. <br />7. Required Findings. Pursuant to Section 37- 92- 102(6)(b), C.R.S. (2001), the Board <br />is required to make the following findings: <br />a. Whether the adjudication and administration of the RICD would impair the ability <br />of Colorado to fully develop and place to consumptive Beneficial Use its Compact <br />Entitlements. The Board, in making this finding, may consider, but is not limited <br />to, the following factors: <br />i. The amount and location of remaining unappropriated Compact <br />Entitlement waters in the basin in question and at the RICD point <br />of diversion; <br />ii. The proximity to the state line; <br />iii. The proximity of the RICD to suitable upstream points of diversion <br />or storage which may be utilized by those who would place the <br />water to consumptive beneficial use; <br />iv. The existence of suitable downstream points of diversion or <br />storage for consumptive beneficial uses before the water leaves the <br />state; <br />V. Exchange opporturii'ties within the state that may be adversely <br />impacted by the existence of the RICD; and <br />vi. Any adverse impacts of the appropriation upon Compact <br />Entitlements at the point of the RICD. <br />b. Whether the RICD appropriation is for an appropriate reach of stream for the <br />intended use. The Board, in making this finding, may consider, but is not <br />limited to, the following factors: <br />The nature of the recreational activity for which the RICD is <br />sought; <br />ii. The length of, and depth and rate of flow within the reach <br />necessary to realize a reasonable recreational experience; <br />iii. Whether the Applicant will or could control the water through the <br />length of the proposed, reach; <br />iv. Whether the RICD ,can be adequately measured and administered <br />through the proposed reach; <br />V. Whether the amounts of water requested in the RICD application <br />are available for appropriation, and with what frequency and <br />duration the requested amounts of water for the RICD are <br />available; <br />vi. Whether the RICD will affect flooding, flood control, or the one - <br />hundred year flood elevations; and, <br />vii. Other water uses that may be impacted by the RICD. <br />3 <br />