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Re: Formal Comments, RICD Rules
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Re: Formal Comments, RICD Rules
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Last modified
6/14/2010 1:16:11 PM
Creation date
6/11/2010 12:30:15 PM
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Template:
Water Supply Protection
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
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a. Applicant. Means a Local Governmental Entity that has filed a water court application <br />for a RICD on or after January 1, 2001 <br />}► The Staff recommends keeping this definition as it is. Because Local Governmental <br />Entity is defined in the rules, it is already clear who may initiate a water rights filing for <br />RICDs. <br />b Should reference C.R.S. 37 -92 -102 (5) to specifically identify who may initiate water <br />rights filing for RICDs. (Gunnison County) <br />b. Applicant Receipt Date. Means the date that the Board receives a copy of the RICD <br />application. <br />}► The Staff recommends not changing this definition as it is clear and already tracks the <br />statute. <br />b Should track C.R.S. 37 -92- 102(5) that applicant submit to CWCB "a copy of the water <br />rights application ". (Gunnison County) <br />c. Beneficial Use. Is the use of that amount of water that is reasonable and appropriate <br />under reasonably efficient practices to accomplish without waste the purpose for which <br />the appropriation is lawfully made and, without limiting the generality of the <br />foregoing, includes ... the diversion of water by a Local Governmental Entity for <br />recreational in- channel diversion purposes .... Section 37- 92- 103(4), C.R.S. (2001) in <br />its entirety is incorporated herein by reference. <br />}► The Staff has no recommendation on this issue. <br />b Should incorporate by reference C.R.S. 37- 92- 103(4) with no additional language to <br />avoid confusion and conflicting provisions. (Gunnison County) <br />Should quote C.R.S. 37 -92- 103(4) or cross - reference the statute. Use of ellipsis in <br />regulatory definition very unusual especially when reader does not know what has been <br />deleted. Last sentence is redundant. (NCWCD, CSU) <br />d. Board. Means the Colorado Water Conservation Board as defined in section 37 -60- <br />101, 103 and 104, C.R.S. (2001). <br />e. Board's Office. Means the Colorado Water Conservation Board's office, located at <br />1313 Sherman Street, 7rh Floor, Denver, CO 80203. The phone number is (303) 866- <br />3441. The facsimile number is (303) 866 -4474. The Board's website is <br />http: / /www. cwcb. state. co. us <br />f. Compact Entitlements. Means all of Colorado's water entitlements pursuant to <br />interstate compacts, equitable apportionments, Supreme Court rulings designating <br />water apportionments, or any other legally recognized designation of apportionment of <br />interstate waters. <br />g. Director. Means the Director of the Colorado Water Conservation Board who is the <br />chief administrative head of the Board, under the direction and supervision of the <br />Board, and who has general supervision and control of all its activities, functions, and <br />employees. <br />2 <br />
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