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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 />(l :")'"'! J ::; 5 <br />UVU'iv <br /> <br />1. Findings of Fact and Recommendation. Means the written factual findings ofthe Board I/) rl <br />regarding the factors set out in section 37-92-102(6), C.RS. and the RICD Rules and the ~ <br />written recommendation ofthe Board to the water court as to whether an application for a <br />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 3 7 -92- <br />102(3), C.RS., for the preservation ofthe natural environment to a reasonable degree. <br />Pursuant to section 37-92-102(3), C.RS., no other person or entity may appropriate such <br />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 experience 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" thereby depending entirely upon the river <br />basin on which it is sought. What is reasonable will 'vary from application to <br />application. depending on the stream involved and the availability of water within the <br />basin." Colorado Water Conservation Bd. v. Upper Gunnison. 109 P.3d 585 (Colo. <br />2005). <br />l1...Recreational In-Channel Diversion. Means -the minimum stream flow, as it is diverted, <br />captured, controlled, and placed to beneficial use between specific points defined by physical <br />control structures pursuant to an application filed by a county. municipality. city and county. <br />water district. water and sanitation district. Loeal Go';emmental Eatity, water conservation <br />district. or water conservancy district for a reasonable recreation experience in and on the <br />water. ~ 37-92-103(10.3). C.RS. (2004). This definition must be applied whenever that term <br />appears in rule or statute. Although these rules may use abbreviated or modified versions of <br />this definition for brevity ,-,later.or clarity. this will not mean that the definition has changed <br />in any way from the full definition. Pursuant to CWCB v. Upper Gunnison River Water <br />Conservancy District. 109 P.3d 585 (Colo. 2005). the CWCB is to apply its factors and make <br />its findings and recommendation solely with respect to the flow rates and recreation <br />experience sought by the applicant. [Improper accordin2 to TVl [Pueblo obiects to the <br />addition of these rmal two sentencesl <br />EMh-Staff. Means the Director and other personnel employed by the Board. <br /> <br />5. Optional Pre-Application ProcessePrior to submitting an Application to the water court or to the Board, the Board encourages the <br />Applicant to meet with Staffto discuss the proposed RICD application and the procedures to be <br /> <br />2 <br />
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