SB 01-216, Concerning RICD's and Questions and Answers

• Description: SB 01-216
• State: CO
• Basin: South Platte
• Water Division: 1
• Date: 4/1/2001
• Author: CWCB
• Title: SB 01-216, Concerning RICD's and Questions and Answers
• Water Supply Pro - Doc Type: Project Overview

COLORADO WATER CONSERVATION BOARD
Department of Natural Resources
Bill Owens, Governor
Greg Walcher, DNR Executive Director
Rod Kuharich, CWCB Director April 2001
SB 01 -216, CONCERNING IN- CHANNEL
RECREATIONAL DIVERSIONS
Background
In 1992 the Colorado Supreme Court held that entities
may obtain a water right for a flow within a stream
channel if the entity controls the water to serve the
intended purpose.
The decision allowed Fort Collins to obtain a water right
for 30 cfs in the summer and 5 -cfs in the winter for a boat
chute located on the Cache La Poudre River.
In 1999 another modest decree was awarded to the City
of Littleton for 100 cfs for its kayaking course on the
South Platte River.
In 1998, the City of Golden applied for an appropriation
of up to 1000 cfs for flows in Clear Creek — essentially
all the available flow in Clear Creek.
Because "control" is not statutorily defined and the Fort
Collins decision is very broad, entities can now claim
control without having done much to the stream.
In December 2000, four similar applications were filed
by Aspen, Breckenridge, the Eagle County Water and
Sanitation District (Vail), and by the Browns (citizens in
water division 4).
Boat chutes exist or are being designed in:
Boulder
Denver
Durango
Fort Collins
Golden
Grand Junction
Gunnison
Littleton (South Suburban)
Littleton (Union Avenue)
Ouray
Pueblo
Salida
Steamboat Springs Vail
Bill Summary
Municipalities are filing for water
rights for recreational boating.
Individuals and the federal
government may also file for such
rights. The CWCB recognizes the
benefits to communities of having
recreational facilities and can play an
important role in reviewing water
rights applications prior to
submission to water court and thus,
fulfill its statutory obligation to
ensure the "greatest utilization of the
waters of the state." SB 01 -216:
❑ Allows local governments to
obtain recreational water rights.
❑ Defines "beneficial use" to
include in- channel diversions.
❑ Provides for review by Water
Courts regarding injury to other
water rights.
❑ Requires the CWCB to make
findings regarding the protection of
Colorado's interstate compact
entitlements; the appropriateness of
the stream reach for the intended use;
reasonable & appropriate water use.