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DRAFT <br />Rules Concerning Recreational In- Channel Diversions <br />1. Title. Rules Concerning ecreational In- Channel Diversions, sions, adopted pursuant to <br />section 37 -92 -102, C.R.S. (2000), and hereinafter referred to as the "RICD Rules." <br />2. Statement of Basis and Purpose. The purpose of these Rules is to set forth the <br />procedures to be followed by: 1) Applicants for Recreational In- Channel Diversions; <br />and 2) the Colorado Water Conservation Board when making Findings of Fact and <br />recommendations to a water court regarding Recreational In- Channel Diversions <br />(hereinafter referred to as "RICDs "). <br />3. Statutory Authority. The General Assembly specifically recognized the <br />appropriation and adjudication of RICDs by local governmental entities, pursuant to <br />sections 37 -92 -102, 37 -92 -103, & 37 -92 -305, C.R.S. (2001). The statutory authority <br />for these Rules is found at section 37- 92- 102(6)(b)(VI), C.R.S. (2001). Article 10, <br />Title 24, C.R.S. makes certain exceptions to the sovereign immunity of and contains <br />provisions regarding potential liability of state and local governmental entities. By <br />promulgating these Rules, the Board assumes no liability related to RICDs and <br />expressly does not waive its sovereign immunity under Article 10, Title 24, C.R.S. <br />4. Definitions. <br />a. Applicant. Means a Local Governmental Entity that has filed a water court <br />application for a RICD on or after January 1, 2001. <br />b. Application Receipt Date. Means the date that the Board receives a copy of the <br />RICD application, and all other information required under Rule 5 of the RICD <br />Rules. <br />• <br />1 <br />