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applied for, during the months identified above, would not promote maximum <br />utilization of the waters of the State; <br />ii. The Board finds that the proposed RICD appropriation for the flow amount <br />sought, and the time period specified, will not promote maximum utilization <br />because there are probable future changes, transfers, or exchanges of water rights <br />from points of diversion downstream of the reach affected by the RICD to points <br />upstream of or in the reach affected by the RICD. This was clearly articulated in <br />the pre - hearing statements of Aurora, Colorado Springs Utilities, the Pueblo <br />Board of Water Works, and the Southeastern Colorado Water Conservancy <br />District; <br />iii. The existence of federal policies, regulations and laws affect or will be affected <br />by the RICD does not serve as a factual basis for the Board to determine that the <br />RICD should be denied under this factor; <br />iv. The Board finds that the proposed RICD appropriation does not promote <br />maximum utilization of Colorado's water resources because the Applicant has <br />failed to use a reasonable means to use, divert, capture and control the water for a <br />RICD so as to minimize its call upon the river and avoid waste; <br />V. The Board finds that whether there is a reasonable demand for the recreational <br />activities sought for this time period at the flow rates specified does not-serve as a <br />factual basis for the Board to determine that the RICD should be denied under this <br />factor; <br />vi. The Board finds that the application does not have appropriate limitations upon <br />the time of day during which the RICD would be exercised. More specifically, <br />the request for a claim for 24 hours a day, as requested in the water rights <br />application, does not promote maximum utilization; <br />vii. The depth and flow rate of the proposed RICD do not promote maximum <br />utilization for the flow amount sought for this time period; <br />viii. The frequency and duration of the requested amounts of water for the RICD for <br />this time period do not promote maximum utilization; and, <br />ix. The economic effect of the proposed RICD does not serve as a factual basis for <br />the Board to determine that the RICD should be denied or granted under this <br />factor. <br />9 <br />