BOARD00041 ‎(2)‎

• Board Meeting Date: 9/20/2006
• Description: WSP Section - Recreational In-Channel Diversion ‎(RICD)‎ Program - Avon
• Board Meetings - Doc Type: Memo

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STATE OF COLORADO

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Colorado Water Conservation Board

Department of Natural Resources
1313 Sherman Street, Room 721
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
www.cwcb.state.co.us

MEMORANDUM

Bill Owens
Governor

To:

Members, CWCB

Russell George
Executive Director

From: Ted Kowalski, RICD Program Manager

Rod Kuharich
CWCB Director

Date: September 5, 2006

Dan McAuliffe
Deputy Director

Re: Agenda Item 23a, September 19-20,2006 Board Meeting, Water Supplly Protection Section,
Recreational In-Channel Diversion ("RICD") Program - Avon

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Back2round
In December 2005, the Town of Avon filed for a Recreational In-Channel Diversion ("RICD") water right
on the Eagle River as it flows through three structures located within the Town of Avon. The RICD rules
provide that an applicant, any party, or any Board member may request, within forty-five days of the
Application Receipt Date, that the Board hold a hearing on a pending application. The Staff has received
a written request from the Applicant requesting a hearing regarding the Avon RICD. Pursuant to Senate
Bill 216 and the CWCB rules, the Board is required to file its findings of fact and recommendations with
the water court within 90 days after the final closing date for filing statements of opposition, unless the
water court grants additional time. Pursuant to Board direction in March 2006, and with the approval of
the Applicant, the Staff requested an extension to file its findings of fact and recommendations until
November 28, 2006.

The Applicant has been meeting with a number of the objectors and is trying to settle with these objectors
prior to the November Board meeting. The Staff has met with the Applicant as well. Nevertheless, at this
time it is prudent to confirm the date of the hearing for November. The RICD rules provide that the
hearing coordinator shall set the hearing date, after consultation with the Applicant. The hearing
coordinator has consulted with the Applicant, who is available to participate in the hearing on November
15,2006, and sent out the attached notice of pre hearing conference and deadlines for submissions.

Staff Recommendation
The Staff recommends that the Board: I) confirm the hearing date for the Avon RICD application for
November 15, 2006 at lOam; and, 2) instruct Staff to continue to meet with the Applicant to resolve
issues related to the RICD application.

Attachment.

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Colorado Water Conservation Board
Flood Protection. Water Supply Planning and Finance. Stream and Lake Protection
Water Supply Protection. Conservation and Drought Planning