Recreational In-Channel Diversion Rules

Home Browse Search

y s e. Whether the adjudication and administration of the RICD would promote — maximum utilization of the waters of the State. The Board, in making this fmding, may consider, but is not limited to, the following: i. Whether there are any probable future upstream junior appropriations for direct diversion or storage; ii. Whether there are any probable future changes, transfers, or exchanges of water rights from points of diversion downstream of the reach affected by the RICD to points upstream of or in the reach affected by the RICD; iii. Whether existing federal policies, regulations and laws affect or will be affected by the RICD. iv. Whether a reasonable means is to be utilized to use, divert, capture and control the water for a RICD so as to minimize its call upon the river and avoid waste; v. Whether a reasonable demand exists for the recreational activity in question as determined by levels of current use and/or estimates of future use; vi. Whether the application has appropriate limitations upon the time of day, days per month, or seasons during which the RICD would be exercised; vii. The depth and flow rate of the proposed RICD; viii. With what frequency and duration the requested amounts of water for the RICD occur; and, ix. The economic effect of the proposed RICD. 8. Additional Information Because section 37- 92- 102(6)(b), C.R.S. (2001) requires the Board to report its findings within 90 days after the closing date for the filing of statements of opposition, an Applicant may elect to provide additional information at the time it submits its Application to the Board. The following types of information would assist the Board in making its findings and recommendation: a. A description of structures, including design plans for the physical control structures, engineering data and calculations used to design the facilities associated with the application; b. Maps showing the location of all physical control structures and access points; c. Evidence, including hydraulic and hydrologic calculations, that the physical control structures are capable of diverting, capturing, and controlling water within the stream channel; d. Documentation describing the nature of the recreational experience sought; e. Documentation identifying and /or justifying the time of day and season of use sought; f. Evidence that the amounts requested in the RICD application are available for appropriation; g. Information about the frequency of occurrence of the requested stream flows, including exceedance calculations and duration curves for the claimed stream flows; h. Information demonstrating that the amount of water claimed is the minimum amount necessary to achieve the reasonable recreation experience sought. i. Information about all necessary permits and the status thereof, including existing or proposed permit terms and conditions; j. List of persons notified by the Applicant about the RICD; k. Documentation of the effects that the RICD and the associated structures will have on flooding, flood control and the one - hundred year flood elevations; and, 4