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1.0 INTRODUCTION <br />In Case No. 06CW77 the Town of Carbondale applied for a water right for a recreational in- channel <br />diversion (RICD) for the Town's Gateway Boating Park. Resource Engineering, Inc. (RESOURCE) has <br />conducted an hydrology investigation in support of the application. The investigation evaluated: 1) Water <br />availability in the RICD reach; 2) The impact that the RICD would have on existing instream flow water <br />rights, and 3) The impact that the RICD would have on Colorado's ability to fully develop its entitlement <br />under the Upper Colorado River Compact. The report provides the basis for the Colorado Water <br />Conservation Board (CWCB) to evaluate the hydrologic aspects of the RICD application in accordance <br />with their November 15, 2005 RICD rules. <br />1.1 RICD Rules <br />The RICD application was filed in Division 5 Water Court on May 2, 2006. Based on this filing date the <br />RICD will be evaluated by the CWCB under the Recreational In- Channel Diversion Rules and <br />Regulations adopted by the Board on November 15, 2005. The Rules set forth the procedures to be <br />followed by; 1) applicants when applying for a RICD and, 2) the CWCB when making Findings of Fact <br />and recommendations to a Water Court regarding a RICD. The Rules highlight five statutory factors that <br />must be considered: <br />Whether adjudication and administration of the RICD, in the amounts claimed, would impair the ability of <br />Colorado to fully develop and place to consumptive beneficial use its compact entitlements. <br />Whether the RICD appropriation is for an appropriate reach of stream for the intended use. <br />Whether there is access for the recreational in- channel use. <br />Whether the exercise of the RICD would cause material injury to existing ISF (instream flow) water rights. <br />Whether the adjudication and administration of the RICD, in the amounts claimed, would promote - <br />maximize utilization of the waters of the State. <br />Within each of the five factors specific items are listed that the CWCB may consider in its evaluation of <br />the application. <br />4 <br />