Staff's Recommended Findings of Fact and Recommendations

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findings about this RICD from September 1 through May 15, wherein 250 cfs is The nature and types of recreational activity or activities for which the RICD is, sought were considered by the Board, and the types of recreational activities sought are not appropriate for the flow rates sought at the times of year sought. The Applicant has indicated that the flow rate of 250 could provide floating recreational experiences, but the Board finds as a matter of fact that this reach is not an appropriate reach for floating at the 250 cfs flow rate during September 1 through May 15; i . The length of the proposed RICD further demonstrates as a factual matter that this RICD appropriation is not for an appropriate reach of stream. The Board finds that the RICD appropriation is essentially for a 25 -mile reach and this is not an appropriate reach of stream. i. The Board finds that there are adequate stream gages to measure the RICD, but that the Wellsville gage is not adequate to measure the flows at the RICD reaches, and if the Wellsville gage is to be used, the amount of the water right should be reduced at each location accordingly; i 7. The Board finds that RICD reach may affect flooding, flood control, or the one - hundred year flood elevations and that the Applicant has failed to provide any credible information demonstrating that the RICD would not affect flooding, flood control, or the one - hundred year flood elevations. c. ether there is access for recreational in- channel use is a factor upon which the Board ust make findings of fact. The Board makes the finding that there is not adequate cess for the RICD. The Board makes the following findings about this RICD from eptember 1 through May 15, wherein 250 cfs is claimed: i The nature and extent of the access required for the activity for which a RICD is being sought does not serve as a factual basis for the Board to determine that the RICD should be denied under this factor; it The ownership, leasehold, or other legal interest held by or available to the Applicant for purposes of obtaining access have not been demonstrated. As such, the Board finds as finding of fact that there is not adequate access for the RICD; and, i '. Whether there are impediments for the Applicant obtaining adequate access does not serve as a factual basis for the Board to determine that the RICD should be denied under this factor. d. ether the exercise of the RICD would cause material injury to existing ISF water r ghts. The Board makes the following findings about this RICD from September 1 t ough May 15, wherein 250 cfs is claimed: There are no ISF water rights in this reach of the Arkansas River, and therefore the exercise of this RICD will not cause material injury to exist ISF water rights. e. hether the adjudication and administration of the RICD would promote maximum tilization of the waters of the State is a factor upon which the Board must make endings of fact. The Board makes the finding that the RICD, for the flow amounts and 2