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<br />~~/ <br /> <br />00D422 <br /> <br />h. Director. Means the Director of the Colorado Water ConselVation Board, who is the <br />chief administrative head of the Board, under the direction and supervision of the Bo~ <br />and who has general supervision and control of all its activities~ functions~ and <br />employees. <br />1. Findings ofFset and Recommendation. Means the written findings of the Board <br />regarding the factors set out in section 37-92-102(6)~ C.R.S. (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 RICn should be granted, granted with conditio~ or denied. Aurora <br />sue:e: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 ~ pursuant to section 37-92- <br />102(3), C.R.S. (200 1 ), for the preservation of the natural environment to a reasonable <br />degree. Pursuant to section 37-92-102(3), C.R-S. (200 1) 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 c01mty~ 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 1 (} of the 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 watei- right is being sought to partake in that activity. <br />The"reasonableness of an atlpropriator's sought recreation exoerience is directly related to <br />the available. unanDroDriated stream flow." Colorado Water Conservation Rd. v. <br />UDuer Gunnison. 109 P.3d 585 (Colo. 2005). UmDrouer accordine: to TU and UDoer <br />Gunnison River Water Conservancy DistrictllPueblos SUe:2ests deletine: rule <br />altoe:etherl [Aurora sueests rewritine: the rule in the {oOowine: wav: Means an <br />OBJECflVEL Y REASONABLE RECREATION exoerience in and on the water OF <br />. THE TYPE IDENTIFIED IN THE mCD APPUCATION. TAKING INTO <br />ACCOUNT THE REASONABLENESS OF THE REQUESTED FLOW <br />AMOUNTS ON THE PARTICULAR STREAM IN ISSUE.l that would aIlew <br />iBdi'oouals ,.'"lith suitahle skills and ahiJities IelabRIl te the SJleeifie reeFe&tieaal aetF/itj. <br />fer wJHeIi the water right is hem,; seught te ~e in that aeti"Aty. The"reasesahleBess <br />of 8ft awmpriator's seBght reereatieB ~eBee is tIireetly rel&teEl te' the 8':ailahle. <br />liBaDf)foDriated sH'eaBl ftew."1ISoutbeastem SUDOOns this rule as Drouosedl ruDoer <br />Gunnison River Water Conservancy District 8UI!2e8ts if the Board is ilielined to <br />keen this rule. that the Board rewrite it this wav: "Punuant to CWCB v. Unoer <br />Gunnison River Water Conservancy Distriet. 109 P 3d S85 CColo. 2005). the CWCB <br /> <br />2 <br />