Recreational In-Channel Diversion Rules

• Description: Pueblo RICD
• State: CO
• Basin: Arkansas
• Water Division: 2
• Date: 11/8/2001
• Author: CWCB
• Title: Recreational In-Channel Diversion Rules
• Water Supply Pro - Doc Type: Report/Study

ti
specifically preserve the Board's authority to argue these issues in water court. Section 37-92 -
102(6)(b), C.R.S. (2001) requires the Board to make the following findings:
a. Whether the adjudication and administration of the RICD would impair the ability of
Colorado to fully develop and place to consumptive Beneficial Use its Compact
Entitlements. The Board, in making this fording, may consider, but is not limited to, the
following:
i. The amount and location of remaining unappropriated Compact Entitlement
waters in the basin in question and at the RICD point of diversion;
ii. The proximity of the RICD to the state line;
iii. The proximity of the RICD to suitable upstream points of diversion or storage
which may be utilized by those who would place the water to consumptive
beneficial use;
iv. The existence of suitable downstream points of diversion or storage for
consumptive beneficial uses before the water leaves the state; and,
v. Exchange opportunities within the state that may be adversely impacted by the
existence of the RICD.
b. Whether the RICD appropriation is for an appropriate reach of stream for the intended
use. The Board, in making this finding, may consider, but is not limited to, the
following:
i. The nature of the recreational activity for which the RICD is sought;
ii. The length of and efficiency of the diversion of the proposed reach required for
the intended use;
iii. Whether the RICD can be adequately measured and administered through the
proposed reach; and,
iv. Whether the RICD will affect flooding, flood control, or the one - hundred year
flood elevations.
c. Whether there is access for recreational in- channel use. The Board, in making this
finding, may consider, but is not limited to, the following:
i. The nature and extent of the access required for the activity for which a RICD is
being sought;
ii. The ownership, leasehold, or other legal interest held by or available to the
Applicant for purposes of obtaining access; and,
iii. Any impediments to the Applicant obtaining access determined necessary for the
intended use.
d. Whether the exercise of the RICD would cause material injury to existing ISF water
rights. The Board, in making this fording, may consider, but is not limited to, the
following:
i. The nature and extent of the ISF in the proposed reach or any affected
downstream reach;
ii. The timing and duration of the RICD as such may relate to the specific use which
is the basis for the ISF;
iii. Whether the RICD would negatively impact the natural environment for which
the ISF was decreed; and,
iv. Whether during the construction of the RICD structures, the construction may
cause material injury to the ISF or the natural environment that the ISF protects.
3