Recreational In-Channel Diversion Rules

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Recreational In- Channel Diversion Rules As Adopted by the Colorado Water Conservation Board on November 8, 2001 1. Title Rules Concerning Recreational In- Channel Diversions, adopted pursuant to section 37 -92 -102, C.R.S. (2001), and hereinafter referred to as the "RICD Rules." 2. Purpose of Rules The purpose of these Rules is to set forth the procedures to be followed by: 1) Applicants for Recreational In- Channel Diversions; and 2) the Colorado Water Conservation Board when making Findings of Fact and recommendations to a water court regarding Recreational In- Channel Diversions (hereinafter referred to as "RICDs "). In addition, the purpose of these Rules is to provide guidance about the type of information that will assist the Board in making its findings and recommendation to the water court. By this reference the Board incorporates the Basis and Purpose statement prepared and adopted at the time of the rulemaking. A copy of this document is on file at the Board office. 3. Statutory Authority The General Assembly specifically recognized the appropriation and adjudication of RICDs by local governmental entities, pursuant to sections 37 -92 -102, 37 -92 -103, & 37 -92 -305, C.R.S. (2001). The statutory authority for these Rules is found at section 37- 92- 102(6)(b)(VI), C.R.S. (2001). By promulgating these Rules, the Board assumes no liability related to RICDs and expressly 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 filed a water court application for a RICD on or after January 1, 2001. b. Application Receipt Date. Means the date that the Board receives a copy of the RICD 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. (2001), which is incorporated herein by reference. e. Board. Means the Colorado Water Conservation Board as defined in sections 37 -60 -101, 103 and 104, C.R.S. (2001). f. Board's Office. Means the Colorado Water Conservation Board's office, located at 1313 Sherman Street, 7 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. h. Director. Means the Director of the Colorado Water Conservation Board, who is the chief administrative head of the Board, under the direction and supervision of the Board, and who has general supervision and control of all its activities, functions, and employees. 1