BOARD00042 ‎(2)‎

• Board Meeting Date: 9/20/2006
• Description: WSP Section - Recreational In-Channel Diversion ‎(RICD)‎ Program - Town of Carbondale, Case No. 06CW77
• Board Meetings - Doc Type: Memo

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ST ATE OF COLORADO

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Colorado Water Conservation Board

Department of Natural Resources
1313 Shemum 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 23b, September 19-20, 2006 Board Meeting, Water Supply Protection Section -
Recreational In-Channel Diversion ("RICD") Program - Town of Carbondale, Case No. 06CW77

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Back2round
In May 2006, the Town of Carbondale filed for a Recreational In-Channel Diversion ("RICD") water
right on the Roaring Fork River as it flows through six structures located within the Town of Carbondale.
(Please see the attached application). The RICD application is for twelve different flows-from 230 cfs
up to 1600 cfs. The Staff filed a statement of opposition in the case, which the Board ratified at the July
Board meeting. Other objectors include: Basalt Water Conservancy District, the Colorado River Water
Conservation District, the State and Division Engineers, the Southeastern Colorado Water Conservation
District, Colorado Springs Utilities, and Stanley and Valerie Koziel.

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 not received a written request from the Applicant or any other party requesting a hearing regarding the
Carbondale RICD. Nevertheless, the Staff intends to make a presentation to the Board about this RICD
application in the future. 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. This language would have
required the Board to file its findings of fact and recommendations on or before October 31, 2006. The
Staff, with the consent of the Town of Carbondale, requested that the water court for Water Division No.
5 grant the CWCB an extension, until April 30, 2007, for the Board to file its findings of fact and
recommendation with the water court. The water court granted this request for an extension of time.

Staff Recommendation
The Staff recommends that the Board: 1) authorize the Staff to participate in settlement discussions with
the Applicant and the other objectors; and 2) appoint Casey Shpall as a hearing coordinator to coordinate
the schedule associated with a presentation, to the extent necessary, so that the Board can meet the
deadline set by the water court for issuing findings of fact and recommendations.

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Attachments

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