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WSPC12529
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Last modified
1/26/2010 4:16:44 PM
Creation date
8/2/2007 2:12:59 PM
Metadata
Fields
Template:
Water Supply Protection
File Number
8049
Description
RICDs - General Rulemaking
State
CO
Basin
Statewide
Date
11/8/2001
Author
Unknown
Title
RICD Rules-Drafts-Proposals of Revision-Etc 2001-2005 - With Correspondence - 11-08-01 through 11-07-05
Water Supply Pro - Doc Type
Report/Study
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<br />k!/) <br />r?t' / <br />/he.,. ! <br />A.,. I" <]/4 I <br />r,fJ , <br />~",f d,~''''f.-1 <br />. ~e~ hP \if <br />f,~" <br />'oz.,\O :a. <br />B~ ~~'Z,./I <br /> <br />0J0438 <br /> <br />h. Director. Means the Director of the Colorado Water Conservation Board, who is the <br />chief administrative head of the Board, under the direction and supervision of the Board, <br />and who has general supervision and control of all its activities, functions, and <br />employees. <br />1. Findings of Fact and Recommendation. Means the written findings ofthe Board <br />regarding the factors set out in section 37-92-102(6), C.RS. (2001) and the RICD Rules <br />and the written recommendation of the Board to the water court as to whether an <br />application for a RICD should be granted, granted with conditions, or denied. Aurora <br />sUI!l!:ests rewritine: this rule to read: Means the written FACTUAL findings of the <br />Board regarding the factors set out in section 37-92-102(6). C.RS. and the RICD Rules <br />and the written recommendation of the Board to the water court as to whether an <br />application for aN RICD should be granted. granted with conditions. or denied. <br />J. Hearing Coordinator. Means the person appointed by the Director to be responsible for <br />establishing the procedures, to the extent not otherwise set forth herein, which will <br />govern the conduct of any public hearing on a RICD. <br />k. Instream Flow (hereinafter referred to as "ISF"). Means any water, water rights or <br />interests in water appropriated or acquired by the Board, pursuant to section 37-92- <br />102(3), C.RS. (2001), for the preservation of the natural environment to a reasonable <br />degree. Pursuant to section 37-92-102(3), C.RS. (2001) no other person or entity may <br />appropriate such rights, for any purpose whatsoever. <br />1. Local Governmental Entity. Means a Colorado entity authorized to appropriate a RICD <br />and includes a county, municipality, city and county, water district, water and sanitation <br />district, water conservation district, or water conservancy district. <br />m. Party. Means any person who has filed a statement of opposition to a RICD, or any <br />person who has filed for party status pursuant to Rule 10 ofthe RICD Rules. <br />n. Person. Means an individual, a partnership, a corporation, a municipality, the state of <br />Colorado, the United States, or any other legal entity, public or private~_ __ __ <br />o. . 'Reasonable Recreation Experience. Means 'an~experierice in and-on the water that would <br />allow individuals with suitable skills and abilities relating to the specific recreational <br />activity for which the water right is being sought to partake in that activity. <br />The"reasonableness of an appropriator's sought recreation experience is directly related to <br />the available. unappropriated stream flow." Colorado Water Conservation Bd. v. <br />Upper Gunnison. 109 P.3d 585 (Colo. 2005). [Improper accordine: to TU and Upper <br />Gunnison River Water Conservancy Districtl [Pueblos sue:e:ests deletine: rule <br />altoe:etherl [Aurora sue:e:ests rewritine: the rule in the followine: way: Means an <br />OBJECTIVELY REASONABLE RECREATION experience in and on the water OF <br />THE TYPE IDENTIFIED IN THE mCD APPLICATION. TAKING INTO <br />ACCOUNT THE REASONABLENESS OF THE REQUESTED FLOW <br />AMOUNTS ON THE PARTICULAR STREAM IN ISSUE.l that ':.'ould allow <br />individuals with suitable skins and abilities relating to the speeific reereational ooti'lity <br />for which the water right is being sou~ to vartake in that activity. The"reasonableness <br />of an appropriator's sought recreation e-x{lerienee is direetly related to the available. <br />UIlapprooriated stream flO\v."HSoutheastern supports this rule as proposedl [Upper <br />! Gunnison River Water Conservancy District sue:e:ests if the Board is inclined to <br />( ~eep this rule. that the Board rewrite it this way: "Pursuant to CWCB v. Upper <br />~GUnniSOn River Water Conservancy District-lOg P.3d 585 (Colo. 2005). the CWCB <br /> <br />2 <br /> <br />~f- <br />-b i/l <br /> <br />~. <br />ru' <br />\.Vll ~ <br />to fl <br />l <br />\)1n( <br /> <br />~ <br />
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