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., - 5- recreational experience, for each recreational opportunity sought. The type of language in paragraph 8.C of the proposed decree is sometimes referred to as "a trigger claim" and it allows the Applicant to provide for different types of recreational experiences at different flow rates, while providing exchange potential when a call by the Applicant will not produce the minimum needed to provide for a given recreational experience. The Applicant has included language in the proposed decree that assures that this water right will only be in effect between 6:00 a.m. and 10:00 p.m. and this is appropriate. 2. Whether the RICO diverts captures and controls water in its natural course or location with physical control structures. The Staff recommends a finding that the structures described in the proposed decree, which are based on designs contained as Exhibit A ofthe S1. Vrain Greenway Master Plan for Longmont and dated May 200 I, may divert, capture, and control the water if they are properly designed and constructed. 3. Whether the adjudication and administration of the RICO would impair the ability of Colorado to fully develop and place to consumptive Beneficial Use its Compact Entitlements. Pursuant to SB 216, the Board must consider the RICO's effect on Colorado's ability to develop its compact entitlements. There must be a balance between the ability to operate future exchanges and permit reasonable future upstream water development and the desire of the Applicant to provide for a recreational experience. Pursuant to these considerations, the Staff finds, and recommends to the Board, that at the flow rates provided in the proposed decree would not impair the ability of Colorado to fully develop and place to consumptive beneficial use its Compact Entitlements. Briefly, the South Platte River Compact states that between April 1st and October 15th Colorado shall not permit diversions from the South Platte River downstream of the western boundary of Washington County by Colorado appropriators junior to June 14, 1897 on any day when the flow at the interstate station at Julesburg is less than 120 cfs. The RICO does not impact the South Platter River Compact because the S1. Vrain River is tributary to the South Platte River upstream of the western boundary of Washington County and because the RICO is a non- consumptive use of water. The recommended flow rates leave adequate exchange potential and reasonable upstream water development potential and allow the Applicant to protect the minimum flow necessary to provide several types of reasonable recreational opportunities. 4. Whether the RICO appropriation is for an appropriate reach of stream for the intended use. The Staff recommends a finding that the reach described in the proposed decree is an appropriate reach of stream for the intended uses. The Staff also recommends a finding that the RICO structures, as proposed, will not significantly affect flooding, flood control, or the 100-year flood elevations on property not owned by the City of Longmon1. 5. Whether there is adequate access for the RICO. The Staff recommends that the Board find that there is adequate access to the RICO and associated facilities. 6. Whether the exercise of the RICO would cause material injury to existing ISF water rights. The Staff recommends that the Board find that the exercise of the RICO will not cause material injury to existing instream flow water rights. There are no instream flow water rights on this segment of the S1. Vrain River. 7. Whether the adjudication and administration of the RICO would promote maximum utilization ofthe waters of the State. Flood Protection. Water Project Planning and Finance. Stream and Lake Protection Water Supply Protection. Conservation Planning