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I I - I I I I I I I I I I I I I I I I I Recreational In-Channel Diversion Rules I. Title Rules Concerning Recreational In-Channel Diversions, adopted pursuant to section 37-92-102, C.R.S., and hereinafter referred to as the "RICO Rules." 2. Purpose of Rules The purpose of these rules is to set forth the procedures to be followed by: I) applicants for Recreational In-Channel Diversions (hereinafter referred to as "RICDs"); and 2) the Colorado Water Conservation Board (hereinafter referred to as "board") when making Findings of Fact and recommendations to a water court regarding RICDs. [n addition. the purpose of these rules is to provide guidance about the type of information that will assist the board in making its tindings and recommendation to the water court. The board has incorporated into these rules, the statement of basis and purpose prepared and adopted at the time of the rulemaking. These rules will supercede the RICD Rules adopted on November 8, 2001, coditied at 2 CCR 408-3. and they are intended to apply to applications that will be reviewed by the board after the etTective date ofthese rules. However. they will not apply to applications that have already been reviewed by the CWCB. even if the CWCB may conduct further reviews (i.e. the applications of the Upper Gunnison River Water Conservancy District and ChatTee County). 3. Statutory Authority The General Assembly specitically recognized the appropriation an.u adjudication of RICDs by local governmental entities, pursuant to sections 37-92-) 02,37-92-103. & 37-92-305. C.R.S. The statutory authority for these rules is found at section 37-92-1 02(6)(b)(Vl). C.R.S. By promulgating these rules, the board assumes no liability related to R1CDs and exprcssly does not waive its sovereign immunity under Article 10, Title 24, C.R.S. 4. Definitions a. Applicant. Means a local governmental entity that has tilcd a watcr court application 101' a RICO on or after January I, 200 [ . b. Application Receipt Date. Means the date that the board rcceives a copy of the RICO application. c. Application. A water court application filed with the CWCB for consideration under these rules. d. Beneficial Use. Is defined as stated in Section 37-92-103(4), C.R.S.. which is incorporated herein by reference. e. Board. Means the Colorado Water Conservation Board as defined in sections 37-60-10 I. 103 and 104. C.R.S. f Board's Office. Means the Colorado Water Conservation Board's office. located at 1313 Sherman Street. th Floor, Denver, CO 80203. The phone number is (303) 866-3441. The facsimile number is (303) 866-4474. The board's website is http://www.cwcb.state.co.us. g. Compact Entitlements. Means all of Colorado's water entitlements pursuant to interstate compacts, equitable apportionments, supreme court rulings designating water apportionments, or any other legally recognized designation of apportionment of interstate waters.