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vi-v. Whether the application has appropriate limitations upon the time of day, days per <br /> month, or seasons during which the RICD would be exercised. <br /> f► The Staff recommends not changing this language. <br /> b Appears to substitute CWCB's judgement for that of the applicant by allowing CWCB to <br /> consider whether there are appropriate time restrictions attached to RICD. Statue does not <br /> suggest CWCB should make this determination, which is best left to the applicant. (Pueblo) <br /> vi. The depth and flow rate of the proposed RICD. <br /> H The Staff recommends removing this language from Rule 7(b) and placing it here. <br /> vii. What frequency and duration the requested amounts of water for the RICD occur. <br /> s► The Staff recommends removing this language from Rule 7(b)and placing it here. <br /> viii. `` Other water uses that may be imr • ed by the RICD. <br /> �► The Staff reco men' 'movi : is language from Rule 7(b)and placing it here. <br /> b,e4A.e+Ar <br /> '°:.7.ADIIITI©NAL INFORMATION <br /> Because section 37-92-102(6)(b), C.R.S. (2001) requires the Board to report its findings <br /> within 90 days after the closing date for the filing of statements of opposition..-,. Given-these- <br /> Wate rt, an Applicant may elect to provide additional information at the time it submits <br /> its Application to the,hoard. If t� • Applicant ,i n .t provid• o • of the infor ation listed <br /> below because t e ' formation n i t avail' . e and t e co of deve • 'a , : ' i providing the <br /> 41111 <br /> data would b ohibitively expe • the Board . factor the Applicant's economic <br /> situation into recommend ation. The following types of information would list-of it-ems-will <br /> '• • I i ssist the Board in making its findings and <br /> recommendation: <br /> *► The Staff recommends making these changes to assure that applicants will not be forced to <br /> conduct expensive studies. The Staff also recommends amending the language as suggested <br /> by-NCIV£D-and CSU because-the-suggested-language is more clear. <br /> b Identifying a large amount of additional information that the applicant may provide creates <br /> the implication and the risk that a denial recommendation will be issued if the information is <br /> not provided. (Aspen) <br /> * Some of the information Rule 8 states will assist the Board in making its findings and <br /> recommendations to the Water Court is not material or relevant in a water court proceeding <br /> rVV LULL 4L41 VL1U to the Water is not material or VV <br /> (i.e. "information about all necessary permits and the statutes thereof," "list of persons <br /> notified by the Applicant about the RICD") and therefore not material or relevant to the <br /> Board's fact finding. (Gunnison County) <br /> b Modify as follows: Change "these statutory requirements and..." to "the statutory <br /> requirements found in Section 37-92-102(6)(b) and..." and "The following list of items will <br /> provide information to the Board and assist the Board..." to "The following types of <br /> information may 2sist1he Board..:." Notd"that-this language may warrant a sen-tence in the <br /> Basis and Purpose statement indicating why it may be in the applicant's interest to submit <br /> such information. (NCWCD, CSU) <br /> b The Board may consider "such other factors as may be determined appropriate for evaluation <br /> of recreational in-channel diversions and set forth in the rules adopted by the Board" per <br /> 17 <br />