20-PendingRICD

• Board Meeting Date: 5/20/2002
• Description: ISF Section - Pending RICD Applications
• Board Meetings - Doc Type: Memo

STATE OF COLORADO

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

Bill Owens
Governor

To:

Colorado Water Conservation Board Members

Greg E. Wa1cher
Executive Director

From: Dan Merriman
Ted Kowalski

Rod Kuharich
CWCB Director

Date: May 2, 2002

Dan McAuliffe
Deputy Director

Re: Agenda Item 20, May 20-21, 2002 Board Meeting, Stream and Lake Protection-
Pending Recreational In-Channel Diversion (RICD) Applications

Back2round
In December, 2001, the Cities of Longmont and Pueblo each filed for a Recreational In-Channel
Diversion ("RICD") water right. In March, 2002, the Upper Gunnison River Water Conservancy
District ("UGRWCD") also filed for a RICD (Please see the attached letter from Cindy Covell and
the attached application). As you know, these are the first entities that are seeking RICDs after the
passage of Senate Bill 216, and after the Board's adoption of the RICD rules. 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. We have received
written requests for a hearing in the Longmont and Pueblo cases. We have not yet received a
request for a hearing in the UGRWCD case. Requests for a hearing in the UGRWCD case are due
on or before May 25, 2002.

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.

Pueblo
In the Pueblo case, the Water Court has granted an extension of time until July 29, 2002. Pueblo and
the CWCB have requested a further extension of time, until August 15,2002, but the Water Court
has not ruled on this motion yet. The CWCB hearing is currently scheduled for July 22, 2002, in
Pueblo. In addition, on April 25, 2002, the Hearing Coordinator issued an order establishing the
deadlines for submittals by the Applicant, the parties, and the Staff. (See the attached order and
amendment to the order). Pueblo has offered to host a tour of the facilities on Sunday July 21, 2002.
Also Pueblo has provided copies of some of the information regarding its Application. This
information was included with your May notebooks, but this information will be supplemented with
the Applicant's prehearing statement (and other supporting data) on May 22, 2002.
After the time had run for entities to file for party status, the CWCB Staff received requests for party
status from the Southeastern Water Conservancy District and Crowley County. (See the attached
requests for party status and statements of opposition).

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