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<br />,I <br /> <br />. <br /> <br />triggers such that the Applicant will not impose a call if it will produce less than <br />90 cfs, and if a call will not produce 540 cfs for the Level 2 flows, the Applicant <br />will call for the 100 cfs flow amount. Given these additional terms and <br />conditions, the Board finds that the RICD proposed decree, on balance, mitigates <br />the impacts that affect the ability of the State of Colorado to consumptively use it <br />Compact entitlements; <br />IV. The existence of suitable downstream points of diversion or storage for <br />consumptive beneficial uses before the water leaves the state supports a finding <br />that the RICD should be granted under this factor. There are numerous <br />downstream diversions and storage reservoirs that could be used so that Colorado <br />can place to full consumptive use its compact entitlements; and, <br />v. The RICD may affect the timing, location and manner in which the State of <br />Colorado will be able to fully develop and place to consumptive Beneficial Use <br />its Compact Entitlements through exchange opportunitiesHowever, the RICD <br />proposed decree: I) seeks a flow rate for 100 cfs, and 600 cfs for a maximum of <br />12 days a year; 2) operates only during the daylight hours; and, 3) includes <br />triggers such that the Applicant will not impose a call if it will produce less than <br />90 cfs, and if a call will not produce 540 cfs for the Level 2 flows, the Applicant <br />will call for the 100 cfs flow amount. Given these additional terms and <br />conditions, the Board finds that the RICD proposed decree, on balance, mitigates <br />the impacts that affect the ability of the State of Colorado to consumptively use it <br />Compact entitlements, <br /> <br />. <br /> <br />b. The Board must consider whether the RICD appropriation is for an appropriate reach <br />of stream for the intended use, The Board makes the finding that the RICD <br />appropriation is for an appropriate reach of stream for the intended use for the flow <br />amounts sought and the time periods specified, subject to the condition set forth <br />below, and in the Recommendations section, also below. The Board makes the <br />following findings about this RICD: <br />1. The Board finds that the nature and type of recreational activity for which the <br />RICD is sought ("passage or recreational watercraft"), and the type of recreational <br />activity sought is appropriate for the lOO cfs and 600 cfs flow rate claimed for this <br />time of year; <br />II. The Board finds that the length of the proposed RICD is appropriate; <br />Ill, The Board finds that there are adequate stream gages to measure the RICD; <br />IV. The Applicant has failed to provide any information demonstrating that the RICD <br />would not affect flooding, flood control, or the one-hundred year flood elevations. <br />However, the Applicant has met with the Board Staff to discuss this matter, and <br />the Applicant's staff has indicated a willingness to provide all of the necessary <br />information to demonstrate that the RICD reach will not affect flooding, flood <br />control, or the one-hundred year flood elevations, Thus, the Board includes as a <br />condition of approval that the Applicant will provide all of the necessary <br />information to demonstrate that the RICD reach will not affect flooding, flood <br />control, or the one-hundred year flood elevations. This condition is also set forth <br />in the Recommendations section, below. <br /> <br />. <br /> <br />2 <br />