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

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CWCB Recreational In- Channel Diversion (RICD) Whitewater Boating Technical Criteria and Policy Manual September 2003 1. Introduction The CWCB is statutorily required to review water rights applications for recreational in- channel diversions ( "RICDs ") after an Applicant submits an RICD application to water court. As defined by the legislature in Senate Bill 01 -216, an RICD is the "minimum stream flow as it is diverted, captured, controlled, and placed to beneficial use between specific points defined by physical control structures pursuant to an application filed by a county, municipality, city and county, water district, water and sanitation district, water conservation district, or water conservancy district for a reasonable recreational experience in and on the water." The CWCB is required to submit its findings and recommendations to water court regarding an applicant's requested RICD water right. The Board recognizes that there is a need to develop objective criteria that would be available to applicants for RICDs as guidance for the development of their facilities and applications for the associated water rights. This Technical Criteria and Policy Manual ( "Manual ") is the CWCB's interpretation of the legislative intent and the authority granted to the CWCB. In the future, the Board may adopt some of the criteria suggested in this Manual as formal rules. Through working with technical experts in the field of whitewater course evaluation and design, the CWCB has identified guidance criteria that will assist applicants with their RICD water rights. This Manual is intended to help applicants determine a reasonable flow rate for a recreational course design that utilizes streamf low in the most efficient manner possible. An applicant's use of the guidelines in this Manual will greatly facilitate and streamline the CWCB's consideration of a requested RICD water right. The primary focus of this Manual is RICD applications for destination - oriented whitewater boating as the main recreation experience sought by applicants. A destination oriented boating course is one that would primarily attract recreational users to come and spend time at that facility. This type of facility allows boaters to engage in recreational activities within the RICD stream reach such as slalom, rodeo, or play boating. This recreational activity is typically the most water intensive. Consequently, this Manual recommends that the minimum streamf low needed for a reasonable recreation experience fall within a specific range as identified below. The CWCB recognizes that there may be other recreational experiences where a different minimum stream flow may be appropriate.