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<br />Recreational In-Channel Diversion Rules
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<br />1. Title
<br />Rules Concerning Recreational In-Channel Diversions, adopted pursuant to section 37-92-102,
<br />C.RS., and hereinafter referred to as the "RICD Rules."
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<br />2. Purpose of Rules
<br />The purpose ofthese Rules is to set forth the procedures to be followed by: 1) Applicants for
<br />Recreational In-Channel Diversions; and 2) the Colorado Water Conservation Board when
<br />making Findings of Fact and recommendations to a water court regarding Recreational In-
<br />Channel Diversions (hereinafter referred to as "RICDs"). In addition, the purpose of these Rules
<br />is to provide guidance about the type of information that will assist the Board in making its
<br />findings and recommendation to the water court. The Board has incorporated into these rules,
<br />the Statement of Basis and Purpose prepared and adopted at the time of the rulemaking. These
<br />rules will supercede the RICD Rules adopted on November 8,2001, codified ~t 2 CCR 408-3.
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<br />3. Statutory Authority
<br />The General Assembly specifically recognized the appropriation and adjudication ofRICDs by
<br />local governmental entities, pursuant to sections 37-92-102,37-92-103, & 37-92-305, C.RS. .
<br />The statutory authority for these Rules is found at section 37-92-102(6)(b)(VI), C.RS.. By
<br />promulgating these Rules, the Board assumes no liability related to RICDs and expressly does
<br />not waive its sovereign immunity under Article 10, Title 24, C.RS.
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<br />4. Definitions
<br />a. Applicant. Means a Local Governmental Entity that has filed a water court application for
<br />a RICD on or after January 1, 2001.
<br />b. Application Receipt Date. Means the date that the Board receives a copy of the RICD
<br />application.
<br />c. Application. A water court application filed with the CWCB for consideration under
<br />these Rules.
<br />d. Beneficial Use. Is defined as stated in Section 37-92-103(4), C.RS., which is
<br />incorporated herein by reference.
<br />e. Board. Means the Colorado Water Conservation Board as defined in sections 37-60-101,
<br />103 and 104, C.RS.
<br />f. Board's Office. Means the Colorado Water Conservation Board's office, located at 1313
<br />Sherman Street, 7th Floor, Denver, CO 80203. The phone number is (303) 866-3441.
<br />The facsimile number is (303) 866-4474. The Board's website is
<br />http://www.cwcb.state.co.us.
<br />g. Compact Entitlements. Means all of Colorado's water entitlements pursuant to interstate
<br />compacts, equitable apportionments, Supreme Court rulings designating water
<br />apportionments, or any other legally recognized designation of apportionment of
<br />interstate waters.
<br />h. Director. Means the Director ofthe 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.
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