Statement of Basis and Purpose and RICD Rules as Adopted by the CWCB

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5. Optional Pre - Application Process Prior to submitting an Application to the water court or to the Board, the Board encourages the Applicant to meet with Staff to discuss the proposed RICD application and the procedures to be followed by the Board to review the application. Staff will provide input regarding how the proposed application can meet the intent of the RICD rules. 6. Submissions Required from an Applicant Within 30 days after filing an application for a RICD with any water court, an Applicant shall submit a copy of the application to the Board Office, pursuant to section 37 -92- 102(5), C.R.S. (2001). 7. Required Findings The Board is required to make certain findings about RICDs. If the Board determines that the amount of water sought for a RICD does not represent the stream flow necessary to provide a reasonable recreation experience in and on the water and/or that the RICD does not divert, capture, and control water in its natural course or location with physical control structures, then the Board shall note that determination in its written. recommendation to the water court and specifically preserve the Board's authority to argue these issues in water court. Section 37- 92402(6)(b), C.R.S. (2001) requires the Board to make the following findings: a. Whether the adjudication and administration of the RICD would impair the ability of Colorado to fully develop and place to consumptive Beneficial Use its Compact Entitlements. The Board, in making this finding, may consider, but is not limited to, the following: i. The amount and location of remaining unappropriated Compact Entitlement waters in the basin in question and at the RICD point of diversion; ii. The proximity of the RICD to the state line; iii. The proximity of the RICD to suitable upstream points of diversion or storage which may be utilized by those who would place the water to consumptive beneficial use; iv. The existence of suitable downstream points of diversion or storage for consumptive beneficial uses before the water leaves the state; and, V. Exchange opportunities within the state that may be adversely impacted by the existence of the RICD. b. Whether the RICD appropriation is for an appropriate reach of stream for the intended use. The Board, in making this finding, may consider, but is not limited to, the following: i. The nature of the recreational activity for which the RICD is sought; 3