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<br />:.""' <br /> <br />STATE OF COLORADO <br /> <br />Colorado Water Conservation Board <br /> <br />Department of Natural Resources <br />1313 Sherman Street, Room 721 <br />Denver, Colorado 80203 <br />Phone: (303) 866-3441 <br />FAX: (303) 866-4474 <br />www.cwcb.state.co.us <br /> <br /> <br />MEMORANDUM <br /> <br />Bill Owens <br />Governor <br /> <br />To: <br /> <br />Colorado Water Conservation Board Members <br /> <br />Greg E, Walcher <br />Executive Director <br /> <br />From: Rod Kuharich, Dan McAuliffe, Ted Kowalski <br /> <br />Rod Kuharich <br />CWCB Director <br /> <br />Date: July 16,2002 <br /> <br />Dan McAuliffe <br />Deputy Director <br /> <br />Re: Pueblo's Recreational In-Channel Diversion (RICD) Application, Case No. <br />01CW160 <br /> <br />Back2round <br /> <br />In December 2001, the City of Pueblo filed for a Recreational In-Channel Diversion <br />("RICD") water right. pursuant to section 37-92-102(5) & (6), c.R.S. (2001), the <br />Colorado Water Conservation Board ("CWCB") is required to submit recommendations <br />and findings to the Water Court within 90 days of the closing date for filing statements of <br />opposition. In May 2002, the Water Court granted the Board an extension of time, until <br />August 16, 2002, to file its recommendation and findings to the Water Court. Several <br />parties requested a hearing before the Board, and the CWCB is scheduled to hold a <br />hearing, pursuant to the CWCB's Rules Concerning Recreational In-Channel Diversions, <br />2 CCR 408-3 (2001) ("RICD Rules"), and section 37-92-102(5) & (6), on July 22 and <br />July 23, 2002 in Pueblo. <br /> <br />pursuant to Rule II of the RICD Rules, the Staff of the CWCB ("Staff') must submit <br />a written report and recommendation to the Board. The Staff hereby submits this <br />document as its written report and recommendation to the CWCB concerning the <br />proposed RICD applied for by the City of Pueblo ("Pueblo" or "Applicant") in Case No. <br />2-01 CW 160 ("Pueblo RICD"), This report and recommendation only reflects the <br />information provided to date, and to the extent the Staff receives new or different <br />information at the hearing, the Staff reserves the right to alter its recommendations. The <br />Staff adopts its Prehearing Statement and incorporates it by reference into this report and <br />recommendation. Nothing herein shall preclude the Staff from making any arguments it <br />deems appropriate before the water court. <br />