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GJJ-~33 is to apply its factors and make its findine:s and recommendation solely with respect to the flow rates and recreation experience soue:ht by the applicant."] [The Colorado River Water Conservation District sue:e:ests addine: the followine: at the end of the definition: "thereby dependine: entirely upon the river basin on which it is soue:ht. What is reasonable will 'vary from application to application. dependine: on the stream involved and the availability of water within the basin."] , Ihl2.,...Recreational In-Channel Diversion. Means -the minimum stream flow, as it is diverted, . 4 i captured, controlled, and placed to beneficial use between specific points defined by physical ~~ l control structures pursuant to an application filed by a county. municipality. city and county. 1 \ \'r rj! , J/. . ~ water district. water and sanitation district. Loeal Governmental Entity,water conservation ~"" IJ ' fU v/ \,.; district. or water conservancy district for easonable recreation experience in and on the /' t 1 J ~t; W water. 37-92-lO3 lO.3 C.R.S. 2004. This definition must be a lied whenever that term r \ ">>{ -j(J ~ y" ,appears in rule or statute. Although these rules may use abbreviated or modified versions of . \ ~t \/ ;t., 0/1 this definition for brevity water. or larit this will not mean that the definition has chan ed \ \ \ tv < ';f! / I in an wa from the full definition. 1m ro er accordin to TU Pueblo ob' ects to the . ~. \. ~ f ! addition of these rmal two sentences] [Upper Gunnison River Water Conservancy ~," 'l'VJ I District su ests if the Board is inclined to kee this rule that the Board rewrite it this (~o."'~ tr~ : 'Pursuant to CWCB v. U er Gunnison River Water Conservanc Distric 109 ( tJJ. P.3d 585 (Colo. 2005). the CWCB is to apply its factors and make its findine:s and recommendation solely with respect to the flow rates and recreation experience soue:ht by the applicant."] EMh..Staff. Means the Director and other personnel employed by the Board. 5. Optional Pre-Application Process Prior to submitting an Application to the water court or to the Board, the Board encourages the Applicant to meet with Staff to discuss the proposed RICD application and the procedures to be followed by the Board to review the application. Staff will provide input regarding how the proposed application can meet the intent ofthe RICD rules. 6. Submissions Required from an Applicant Within 30 days after filing an application for a RICD with any water court, an Applicant shall submit a copy of the application to the Board Office, pursuant to section 37-92-102(5), C.R.S. (2001). 7. Required Findings The Board is required to make certain findiBgs about RICDs. If the Board determines that the amount of '.vater sought for a RICD does not represent the stream flow necessary to pmvide a reasonable recreation eKperience iR and on the water and/or that the RICD does not diyert, capture, and control water iB its natural course or location with physieal cOMol stmetures, then the Board shall note that determination iB its '/IrineR recommendation to the 'Nater coart and specifically preserve the Board's authority to argue these issues in "later caurt. SectioR 37 92 lO2(6)(b), C.R.S. (2001) requires the Board to make the following findingsThe Board is reauired to make certain findings about RICDs. The statutory definition ofRICD requires that the applicant claim only the minimum stream flow for a reasonable recreation eXl'erience that is diverted. captured. controlled. and placed to beneficial use. Where the existing statutory factors contain the statutorily defined term "RICD" definition. that definition must be met. Thus. j frJ ;J~' J ~ I.. \ifllt1~ / j,1I . . 3