Agenda Item 14, Request for Approval of Policy Regarding RICD's

• Description: RICD
• State: CO
• Date: 9/12/2003
• Author: Tom Browning, CWCB
• Title: Agenda Item 14, Request for Approval of Policy Regarding RICD's
• Water Supply Pro - Doc Type: Board Memo

STATE OF COLORADO
Colorado Water Conservation Board
Department of Natural Resources
1313 Sherman Street, Room 721
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
www.cwcb.state.co.us
MEMORANDUM
To: CWCB Members
From: Tom Browning, Ted Kowalski
Date: September 12, 2003
Bill Owens
Governor
Greg E. Walcher
Executive Director
Rod Kuharich
CWCB Director
Dan McAuliffe
Re: Agenda Item 14, September 22 -23, 2003 Board Meeting — Deputy Director
Flood Protection Section and Stream and Lake Protection Section —
Request for Approval of Policy regarding RICDs;
Background
The Board has received three RICD applications, and held hearings on two of these three RICD
applications. The Staff is aware of at least seven other communities that are developing whitewater
parks or considering filing for an RICD for existing whitewater parks. At the July Board meeting, in
anticipation of the many RICD applications that the Board may consider in the near future, the Staff
presented the Board with a draft policy regarding RICDs that reflected some general guidelines to
serve the Board in an advisory manner to explain the terms of Senate Bill 216 and to describe the
factors that the Board will consider in future RICD hearings without binding the Board to any
particular result. The Recreational In- Channel Diversion Policy was developed with the assistance
of experts in the design, construction, and evaluation of whitewater parks. At the July Board
meeting, the Board directed the Staff to: 1) make certain changes to the proposed policy; 2) post the
amended policy on the website; and, 3) hold a special telephonic meeting on September 2, 2003. At
the special telephonic meeting, the Board provided additional comments to the Staff and received
additional comments from the interested public. The Staff has made the appropriate changes to the
proposed policy, which is attached. The Staff has marked in bold the annotations suggested by the
interested public.
At the special telephonic meeting, some Board members suggested that the Board consider adopting
the policy as rules, after going through a formal rule- making process. If the Board were to pursue
adopting this policy as a formal rule, the Board could publish a formal notice for rule- making in the
November 10, 2003 Colorado Register, hold a public hearing in early December, publish the final
rules in early January, make the rules effective as of January 30, 2004; however, this schedule may
not provide significant opportunities for public comment.
Staff Recommendation
The Staff recommends that the Board adopt the attached Recreational In- Channel Diversion Policy
regarding technical criteria.
Colorado Water Conservation Board
Flood Protection • Water Supply Planning and Finance • Stream and Lake Protection
Water Supply Protection • Conservation and Drought Planning