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<br />oa-' "'"'3 <br />. ., u- <br />ti u.-...:, <br /> <br /> <br />is to a I ! its factors and make its findin s and recommendation solely with res ect <br />to the flow rates and recreation experience sou2ht bv the applicant. "I [The Colorado <br />River Water Conservation District SU22ests addin2 the followin2 at the end of the <br />definition: "therebv dependint! entirelv upon the river basin on which it is soul!bt. <br />What is reasonable will 'van' from application to application. deoendinl! on the <br />stream involved and the availability of water within the basin."1 <br />fT.~Recreational In-ChanneI Diversion. Means -the minimum shCillll flow:- as it is diverted, <br />captured, comrolled, and placed to beneficial use between specific poin1s defined by physical <br />control structures pmsuant to an application filed by a county. municipalitv. city and count\'. <br />water district. water and sanitation district. Local Governmental Entity,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.R.S. 2004. This definition must be a lied whenever that term <br />a ears in rule or statute. Althouuh these rules may use abbreviated or moditied \-ersions of <br />this definition for brevity v.'aier.or cIarilV-. this wiII not mean that the definition has changed <br />in an - way from the fun definition. 1m ro er accordin to TU Pueblo ob' ccts to the <br />addition of these final two sentences U er Gunnison River Water Conservanc" <br />District su aests if the Board is inclined to kee this rule that the Board rewrite it tbis <br />wa ': "Punuant to CWCB v. U r Gunnison River Water Conservanc\' District 109 <br />P.3d 585 Colo. 2005 the C\VCB is to a Iv its factors and make its findin sand <br />recommendation solely with' resnect to the flow rates and recreation experience sou!!ht <br />~y the applicant."l <br />EM1-Staff. Means the Director and other personnel employed by the Board. <br /> <br />5. Optional Pre-AppIication Process <br />Priorto submitting an Application to the water court or to the Board, tbe Board encourages the <br />Applicant to meet with Sfaffto discuss the proposed RIen application and the procedures to be <br />followed by the Board to review the application. Staff will provide input regarding how the <br />proposed application can meet the intent of tile RICD roles.. <br /> <br />6. Submissions Required from an Applicant <br />Within 30 days after filing an application for a RICD with any water court, an Applicant shall <br />submit a copy of the application to tile Board 0JIi~ pmsuant to section 37-92-I02(SA C.R.S. <br />CWO I ). <br /> <br />7. Required Findings <br />~=';::::::f:~~~D fiDtl~~~~~the~~o::;::;=~ <br />:::~;;;;~~~:=~~E:2.~:ilieD <br />~==~~~=~E:~=, <br />=. 8.~ ==~ ':. B_<l-;" ;:;;==:;:::Th~ Board is reqtrired <br /> <br />to make certain findings about RICDs. The statutOry definition of RICD requires that the <br />applicant claim onl the minimum stream flow for a reasonable recreation ex rience that is <br />iverted ca tured. controlled. and laced to beneficial use. Where the existin statuto . factors <br />c ntain the statutoril - defined tenll "RICD" definitio that definition must be met. Thus. <br /> <br />3 <br />