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filed in water court by certain public entities for a reasonable recreation experience in <br /> and on the water from April 1 to Labor Day of each year, unless the applicant can <br /> demonstrate that there will be demand for the reasonable recreation experience on <br /> additional days. An RICD requires a man-made diversion within a stream channel. An <br /> RICD is limited to one specified flow rate for each time period shorter than 14 days, <br /> unless the applicant can demonstrate a need for a shorter time period. There is a <br /> presumption that there will not be material injury to an RICD water right from <br /> subsequent appropriations or changes of water rights if the effect on the RICD caused <br /> by such appropriations or changes does not exceed one-tenth of one percent of the <br /> lowest decreed rate of flow for the RICD as measured at the RICD and the cumulative <br /> effects on the RICD caused by such appropriations or changes do not exceed two <br /> percent of the lowest decreed rate of flow for the RICD measured at the RICD. The <br /> owner of a water right for an RICD may not call for water that has been lawfully stored <br /> by another appropriator. An RICD can protect higher flows than the flows typically <br /> appropriated by the CWCB ISF program. It is an important tool where recreational <br /> boating is the non-consumptive use that an entity is seeking to protect. <br /> II. Federal Protection Mechanisms <br /> A. BLM and USFS Land Manaaement Plans ("LMPs"): USFS and BLM land- <br /> use planning establishes broad guidance for the project and activity decision-making <br /> needed to manage the public lands. All projects and activities authorized by the BLM <br /> and the USFS must be consistent with the relevant USFS LMPs or BLM Resource <br /> Management Programs, practices, uses, and protection measures. (16 USC 1604 (i), <br /> 43 CFR 1601.5-3) A project or activity is considered consistent with an LMP if it is <br /> consistent with plan decisions, as described below. If a project or activity is inconsistent <br /> with an LMP, the responsible official may: (1) modify the proposal so the project or <br /> activity is consistent; (2) reject the proposal; or(3) amend the LMP contemporaneously <br /> with the approval of the project or activity so that the project or activity is consistent with <br /> the LMP, as amended. The amendment may be limited to apply only to a specific <br /> project or activity. <br /> Rivers and their related values may be affected by a number of decisions that <br /> might be incorporated into a IMP. The key decisions typically made in LMPs indude: <br /> • Establishment of(a) desired outcomes, induding multiple-use goals and <br /> objectives; (b) management requirements, including measures or criteria to be <br /> applied to guide day-to-day activities; (c) monitoring and evaluation <br /> requirements; and (d) community and evaluation requirements and management <br /> area direction, including identifying allowable uses, and/or allocations, <br /> restrictions, and prohibitions, often done by allocating lands to general <br /> management areas that reflect different levels of development and suitable uses. <br /> -5- <br />