Re: Formal Comments, RICD Rules

• Description: RICD Rules
• State: CO
• Date: 10/25/2001
• Author: Rod Kuharich, Dan McAuliffe, Dan Merriman, Ted Kowalski, Linda Bassi, Sasha Charney
• Title: Re: Formal Comments, RICD Rules
• Water Supply Pro - Doc Type: Board Memo

8. ADDITIONAL INFORMATION
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. Given these statutory
requirements and the limited time in which the Board must provide its findings to the Water
Court, an Applicant may elect to provide additional information at the time it submits its
Application to the Board. The following list of items will provide information to the Board
and assist the Board in making its findings and recommendation:
}+ The Staff recommends adding the following sentence to this Rule before last sentence: "To
the extent that the Applicant can not provide additional information because the costs of
developing and providing the data would be prohibitive, the Board will factor that issue into
its recommendation. The Staff also recommends amending the language as suggested by
NCWCD and CSU because the suggested language is more clear.
b Identifying a large amount of additional information that the applicant may provide creates
the implication and the risk that a denial recommendation will be issued if the information is
not provided. (Aspen)
b Some of the information Rule 8 states will assist the Board in making its findings and
recommendations to the Water Court is not material or relevant in a water court proceeding
(i.e. "information about all necessary permits and the statutes thereof," "list of persons
notified by the Applicant about the RICD ") and therefore not material or relevant to the
Board's fact finding. (Gunnison County)
Modify as follows: Change "these statutory requirements and..." to "the statutory
requirements found in Section 37- 92- 102(6)(b) and..." and "The following list of items will
provide information to the Board and assist the Board..." to "The following types of
information may assist the Board...." Note that this language may warrant a sentence in the
Basis and Purpose statement indicating why it may be in the applicant's interest to submit
such information. (NCWCD, CSU)
b The Board may consider "such other factors as may be determined appropriate for evaluation
of recreational in- channel diversions and set forth in the rules adopted by the Board" per
C.R.S. 37- 92- 102(6)(b)(VI). Therefore, factors in Rule 8 must be appropriate and within
authority of CWCB (see comments in subsections g, h, i, and 1 below. (NWCCOG -QQ)
b River District appreciates that CWCB has made submission of additional information by the
applicant voluntary. Some of the optional information requested is irrelevant, however, to the
issues before CWCB and should be removed. For example, CWCB does not need evidence
of water availability or information showing that the amount of water claimed is the
minimum amount necessary. Inappropriate for CWCB to question the existing water quality
classification of the RICD reach, status of permits, and list of persons notified by applicant.
( CRWCD)
a. A description of structures, including design plans for the physical control structures
and 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;
}► The Staff recommends the language change suggested below as a clarifying change.
b Modify by adding "proposed or actual" before access and "points" after access ( "proposed or
actual access points "). (NCWCD, CSU)
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