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

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1. Information about existing or proposed gages on the affected stream that may be utilized
to administer the water right being sought.
9. Notice
Within seven days of the Application Receipt Date, the Staff shall post notice of receipt of the
Application on the CWCB website. The notice shall include the name of the Applicant, the flow
amounts claimed, the water division, the name of the stream, the location of the structures
including the county, and information about how to obtain party status. In addition, the Staff
shall notify the county commissioners of the county in which the RICD is (or will be) located.
Moreover, the Staff shall include a notice of all pending RICD Applications (if any) in all items
that go out to the Board agenda notification list.
10. Party Status
Any person who desires party status, and who is not the Applicant or who has not filed a
statement of opposition to the RICD, shall become a Party upon submittal of a written
application for party status to the Staff. The application for party status shall include the name of
the entity, the mailing address of the entity, and a brief statement of the reasons why the entity is
seeking party status. The application for party status must be received at the Board Office within
thirty days after the Application Receipt Date.
11. Staff Report
The Staff shall provide a written report and recommendation to the Board based on the
information provided by the Applicant and any other applicable information.
12. Request for a Hearing
The Applicant, any Party, or any Board member may request that the Board hold a public
hearing regarding a RICD. Such requests must be submitted in writing to and received at the
Board office within forty -five days after the Application Receipt Date.
13. Hearing Procedures
If a hearing is requested pursuant to Rule 12, the Director shall appoint a Hearing Coordinator to
set the date of the hearing(s) and establish the procedures by which evidence will be offered.
a. The Hearing Coordinator shall, in consultation with the Applicant, determine the date and
location of all hearings.
b. The Board shall notify the Applicant and all Parties of the hearing(s) at least 21 days
prior to the hearing date(s).
c. Any Party may present testimony or offer other evidence regarding whether the RICD
should be granted, granted with conditions or denied.
d. The Hearing Coordinator shall set timelines and deadlines for all written submissions.
Prehearing statements will be required, and shall include, but not be limited to, the
following: 1) a list of all disputed factual and legal issues; 2) the position of the Party
regarding the factual and legal issues; 3) a list identifying all of the witnesses that will
testify for the Party, and a summary of the testimony that those witnesses will provide;
and, 4) copies of all exhibits that the Party will introduce at the hearing(s).
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