Laserfiche WebLink
<br />-r'!."'" ! ' ("'0 <br />UiJd"ttrD <br /> <br />xiv. Whether the amount claimed meets the definition ofRICD. [Improper accordine: to <br />TUl [Pueblo sue:e:ests this rule e:oes beyond the CWCR's authoritvl <br />xv. [Denver Water recommends a new factor: Whether the RICD promotes the <br />conservation and efficient use of the waters of the state of Colorado in order to <br />secure the e:reatest utilization of such waters.l <br />xvi. [Southwestern sue:e:ests addine: a criteria: "Whether the RICD will make the river <br />basin water critical and describe the resultine: impact on existine: water rie:hts and <br />users. "1 <br />[Southeastern e:enerally supports the rule chane:es under this rule 7.el <br /> <br />f. Pursuant to section 37-92-1 02( 6)(b )(VI). an additional factor that is aPtJropriate <br />for evaluation ofRICDs is whether the RICD meets the elements of the definition of an <br />RICD in section 37-92-103(10.3) that requires the amount claimed to be the minimum <br />stream flow for a reasonable recreation experience. The Board should consider the <br />following factors in determining whether the RICD meets the definition of an <br />RICD:[Aurora sue:e:ests rewritine: the rule this way: Pursuant to section 37-92- <br />102(6)(b)(VI). an additional factor that is appropriate for evaluation ofRICDs <br />APPLICATIONS is whether the RICD meets the elements ofthe definition of an RICD <br />AS FOUND in section 37-92-10300.3). THIS that-reQuires the amount claimed to be <br />the "minimum stream flow" AND THAT IT BE for a reasonable recreation experience. <br />The Board should consider the following factors in determining whether the FLOWS <br />SOUGHT IN THE APPLICATION RIGI) meets the THIS definition of an RICD <br />1. Whether the requested RICD is for flow rates that are for obiectively reasonable <br />recreational experiences; [Aurora sue:e:est addine: the followine: words at the <br />end of the sentence: "under the particular facts in question"l <br />11. Whether the requested RICD is for the minimum stream flows for the obiectively <br />reasonable recreational experiences;[Aurora sue:e:ests rewritine: this rule to <br />read: Whether the reQuested RICD is for the minimum NECESSARY stream <br />flows TO ACCOMPLISH APPLICANT'S for the obiectively reasonable <br />recreational experience IN AND ON THE WATER. TAKING INTO <br />ACCOUNT EACH TYPE OF RECREATION EXPERIENCE THAT IS <br />IDENTIFIED. <br />iii. Whether the requested RICD is for times other than dawn to dusk; and. <br />iv. Whether the reQuested RICD is for a season of use outside ofthe typical boating <br />season. <br />v. Whether the requested RICD improves the recreational experience sought as to the pre- <br />RICD conditions.rSouthwestern sue:e:ests modify the term "pre-RICD" to "non- <br />RICD"l <br /> <br />[Pueblo West sue:e:ests addine: a subfactor a maximum flow rate of 356 cfsl <br /> <br />[This entire Rule fis improper accordine: to TU. the Upper Gunnison River Water <br />Conservancy District and the Colorado River Water Conservation Districtl [Aurora <br />sue:e:ests addine: a factor as follows: "Whether the request flow amounts are <br />reasonable in lie:ht of the stream involved and the availability of water within the <br />basin.l [Pueblo sue:e:ests deletine: this entire rule fHSoutheastern sue:e:ests that this <br /> <br />10 <br />