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made its written findings and recommendations final in a continuation of the hearing held <br />by telephone conference on October 1, 2002. <br />The Board's findings and recommendations are based on consideration of all of the <br />information presented to the Board, the factors the Board is required to consider, and a <br />careful balancing of future needs of the State with the Applicant's desire to provide <br />reasonable recreational opportunities. <br />The Board submits this document to the Water Court as its written findings and <br />recommendations concerning the RICD. <br />FINDINGS <br />The Board finds as follows: <br />1) Subject-to the amounts specified below, and the conditions set forth below in the <br />recommendations section, adjudication and administration of the RICD will not <br />impair Colorado's ability to fully develop and put to beneficial use its compact <br />entitlements; <br />2) There is adequate access for the RICD, provided that the Applicant demonstrates <br />legal access to the private property located within the RICD reach that was <br />identified in testimony at the hearing; <br />3) The reach of the Gunnison River beginning with Structure 2 and continuing <br />downstream to include Structure 6, identified in testimony at the hearing, is an <br />appropriate reach for the RICD; <br />4) Exercise of the RICD will not cause material injury to any CWCB instream flow <br />water rights; <br />5) Subject to the amounts specified below, and the conditions. set forth below in the <br />recommendations section, adjudication and administration of the RICD is <br />consistent with and promotes maximum utilization of Colorado's waters; <br />6) At the stream flow amount specified in Finding #7 below, the RICD will divert , <br />capture, and control water in its natural course and location, if Structures 2 -6 are <br />built and maintained as designed; and <br />7) Subject to the conditions set forth below in the recommendations <br />section, the RICD stream flow will create whitewater features sufficient <br />to attract experienced whitewater kayakers and therefore will be for the <br />minimum stream flow necessary to provide a reasonable recreation <br />experience in and on the water if those stream flow amounts are as <br />follows: <br />250 cfs during May through September, and <br />0 cfs during the rest of the year <br />RECOMMENDATIONS <br />The Board recommends that the water court grant the RICD, in the amounts specified <br />as providing a reasonable recreation experience in finding number 7 above, subject to the <br />following terms and conditions: <br />E <br />