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<br />. <br /> <br />, <br /> <br />DRAFT <br /> <br />The Board's findings and recommendations are based on all of the information <br />presented to the Board. The Board considered all of the issues related to the factors th~ IE' +t <br />the Board is reqnired to consider, and the Board's findings and recommendations G ~;6 CWot 6 <br />based on the careful balancing of future needs of the State with the Applicant's desire to <br />provide reasonable recreational opportunities. <br /> <br />The Board submits this document to the Water Court as its written findings and <br />recommendations concerning the RICD. <br /> <br />FINDINGS <br />The Board finds as follows: <br /> <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, . dentified during testimon ocated within thy J <br />RICD; 11.;a.~ +NtJ. W -'rn.J,~Jrl/)1'I5.{.Wu- .().'(e., <br />3) The reach of the Gunnison River between Structure 2 and lYtrU~ture 6, identified ~ 7:ld. <br />during testimony, is an 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) The RICD will divert, capture, and control water in its natural course and <br />location, if Structures 2-6 are built and maintained as designed; and <br />7) Subject to the amounts specified below, and the conditions set forth below in the <br />recommendations section, the RICD will be i~rJ9.'!wp'i!li.mum stream flow <br />necessary to provide a reasonable recreatio~n and on the water if <br />those stream flow amounts are as follows: <br />250 cfs during May through September, and <br />o cfs during the rest of the year <br /> <br />RECOMMENDATIONS <br />The Board recommends that the ~ti;~~9~^grant the RICD, in the amounts specified <br />as providing a reasonable recreatio~ finding number 7 above, subject to the <br />following terms and conditions: <br /> <br />1) The RICD will not be in effect or exercised after 10 p.m. and before 6 a.m. on any <br />given day. <br /> <br />2) The RICD shall not be in effect during any time when the hydro graph would <br />permit the Redlands water and power water right or the Gunnison Tunnel water <br />right to call for their senior water rights. <br /> <br />2 <br />