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Brief of Amici Curiae
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Brief of Amici Curiae
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Last modified
1/26/2010 4:41:42 PM
Creation date
7/29/2009 3:03:22 PM
Metadata
Fields
Template:
Water Supply Protection
File Number
8230.2F
Description
Colorado Supreme Court Appeal
State
CO
Basin
Colorado Mainstem
Water Division
4
Date
7/26/2004
Author
David L. Robbins, Lee E. Miller, Patricia L. Wells, Robert G. Weiss, John M, Dingess
Title
Brief of Amici Curiae
Water Supply Pro - Doc Type
Court Documents
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In response to the decrees awarding these water rights, the General Assembly passed <br />Senate Bi11216, which defined a water right for RICD purposes by amending the definitions of <br />"beneficial use" and "diversion" in the Water Rights Determination and Administration Act of <br />1969, §§ 37-92-101, et seq., 10 C.R.S. (2003) ("the 1969 Act"), to include control ofwater in its <br />natural course or location for "recreational in-channel diversion purposes." §§ 37-92-103(4) & <br />(7)- <br />The General Assembly did not, however, create an unrestricted right to obtain a decree <br />for RICD purposes. Instead, the General Assembly carefully defined an RICD as: <br />[T]he minimum stream fiow as it is diverted, captured, <br />controlled, and placed to beneficial use between specific points <br />defined by physical control structures pursuant to an application <br />filed by a county, municipality, city and county, water district, <br />water and sanitation district, water conservation district, or water <br />conservancy district for a reasonable recreation experience in <br />and on the water. <br />§ 37-92-103(10.3) (emphasis added). Further, the General Assembly imposed new requirements <br />before a decree adjudicating a water right for an RICD may be entered by the water judge. <br />Applicants - who are limited to certain governmental entities - must submit a copy of their <br />applications for review by the Colorado Water Conservation Board, § 37-92-102(5), which must <br />make findings of fact and a final recommendation as to whether the application should be <br />granted, granted with conditions, or denied, based on six factors: <br />(I) Whether the adjudication and administration of the recreational <br />in-channel diversion would impair the ability of Colorado to fully <br />develop and place to consumptive beneficial use its compact <br />entitlements; <br />(II) The appropriate reach of stream required for the intended use; <br />(III) Whether there is access for recreational in-channel use; <br />12
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