BOARD0220

• Board Meeting Date: 5/20/2002
• Description: ISF Section - Pending Recreational In-Channel Diversion ‎(RICD)‎ Applications
• Board Meetings - Doc Type: Memo

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STATE OF COLORADO

Colorado Water Conservation Board

Department ofN atural 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. Walcher
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

Background
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 oftime, 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.

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