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<br />- 2- <br /> <br />. <br /> <br />8. Requires the water court to make findings on the three factors, identified above, and also on two <br />additional factors: appropriate stream reach and access, <br />9. Requires the water court, when determining whether the intended recreational experience is <br />reasonable, to consider the flow needed to accomplish the claimed recreational use, benefits to <br />the community, the intent of the appropriator, stream size and characteristics, and total <br />streamflow available at the control structures during the period. <br />10. States that the decree shall specify that the State Engineer shall not administer a call for a <br />recreational in-channel diversion unless at least eighty five percent of the decreed rate of flow <br />for the applicable time period would be produced by the call. <br />II, Provides that an owner of and RICD may not call for water lawfully stored by another <br />appropriator. <br />12, Authorizes the water courts to retain jurisdiction over a RICO, upon a motion of the State <br />Engineer, <br /> <br />A copy of the legislation, as passed by the Senate, is attached. <br /> <br />Staff Recommendation <br />The Staff recommends that the Board continue to monitor this legislation, <br /> <br />Attachment <br /> <br />. <br /> <br />Flood Protection. Water Project Planning and Finance. Stream and Lake Protection <br />Water Supply Protection. Conservation Planning <br />