Laserfiche WebLink
ambient conditions with proof that cause of impairment is natural or irreversible <br />within a 20 year period. <br />Up and Downstream Structures <br />Relevant Rule(s): 13(a) <br />There was a question as to why information is solicited about downstream structures. It is <br />not clear whether the applicant is simply asked to provide information about downstream <br />control structures or whether there is some criteria the applicant must meet in regards to <br />downstream structures (Jeff Houpt, Glenwood). <br />Liability <br />Relevant Rule(s): 12(f)iv <br />Questions surfaced in several meetings about liability and whether the state and /or <br />applicant might incur liability in considering certain factors and approving an application. <br />Specifically: <br />➢ Consideration of adequate lighting may be interpreted as permitting safety of <br />experience if requiring certain safety issues to be considered (Steve Glazer, <br />Montrose). <br />Determination of Minimal Amount for a Reasonable Recreational Experience <br />Relevant Rule(s): 5(e), 5(f)iii, 12(f) all subsections, 12(e)vi, vii -x <br />Comments generally indicated that this is a difficult but important task. Specific <br />comments included: <br />➢ The concept of a minimum flow and its application to RICD is important to a wide <br />variety of interests (Farm Bureau, River District, etc.). <br />➢ The methods of determination outlined in section 13(f) and subsections are `shotgun', <br />potentially contradictory, and make it difficult for the applicant to prove the minimum <br />nature of the application (David Halliford, Glenwood Springs). <br />Environmental Impact <br />Relevant Rule(s): 5(c)iv, 12(d) all subsections <br />Some commented that the rules should help ensure that RICD use or permitting would <br />not adversely affect the natural environment, especially where CWCB holds ISF rights. <br />See comments below related to impacts to stream channels. <br />Conditional Water Rights <br />Relevant Rule(s): none <br />Rules do not address application for conditional rights (the legislation prohibits changes <br />from conditional to RICD but not issuance of a conditional right). Specific questions <br />include: <br />