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b Statute does not define or refer to reasonable recreation experience as being one limited <br />to people of average skill ability or interest. Definition should be consistent with <br />definition in statute — amount reasonable for accomplishing purpose of application. <br />(UGRWCD) <br />b Reasonable depends on site - specific facts in evidence so average will change with <br />circumstances. Board can determine `reasonableness' based on application and other <br />evidence. Board may prefer to be arbitrator of what is `safe' vs. `lawful'. Suggest <br />wording changes as follows: delete `and interests', add `specific' before recreational <br />activity and change `lawful' to `safe'. (NCWCD, CSU) <br />b Section should be deleted —it infringes on water court's authority and is not authorized <br />by SB 216. Limits potential of RICDs in manner not contemplated by any statute or court <br />and is beyond CWCB's authority. RICDs could apply to advanced users not just average <br />ones. (CRWCD). <br />o. Recreational In- Channel Diversion. Means the minimum amount of water necessary, <br />as it is diverted, captured, controlled, and placed to Beneficial Use between specific <br />points defined by physical control structures pursuant to a water court application filed <br />by a Local Governmental Entity, for a reasonable recreation experience in and on the <br />water. <br />}► The Staff recommends altering the definition as suggested below to assure that the rules <br />comport with the statute. <br />b Definition materially alters the definition in SB 216. Statute references `stream flow' <br />while rules reference `amount of water necessary'. Seen as attempt to transform <br />definition of minimum stream flow of a reach to a limitation on how much water a RICD <br />can legally use and CWCB does not have authority to dictate amount of water necessary <br />for a RICD. (CRWCD) <br />b Improper substitution of `amount of water necessary' for `stream flow'. (Gunnison <br />County) <br />b Suggest changing `amount of water necessary' to `stream flow'. Also some grammatical <br />changes— remove caps on Beneficial Use and deletion of `water court' before <br />application. (NCWCD, CSU) <br />p. Staff. Means the Director and other personnel employed by the Board. <br />5. SUBMISSIONS REQUIRED FROM AN APPLICANT <br />Within 30 days after filing an application for a RICD with any water court, an Applicant shall <br />submit a copy of the application to the Board Office, pursuant to section 37- 92- 102(5), C.R.S. <br />(2001). <br />* Commended for revision of this section to conform with SB 216. (CRWCD) <br />6. REQUIRED DETERMINATIONS <br />The Board shall determine whether the application meets the basic requirements to be <br />considered an RICD. In making this determination, the Board shall consider the following <br />two factors: <br />}► The Staff recommends making Rule 6 a finding and moving it into Rule 7. Thus in Rule 7, the <br />following language would be inserted before the first sentence: "The Board is required to <br />