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COLORADO RIVER WATER CONSERVATION DISTRICT Protecting Western Colorado Water Since 1937 Members of the Board R ECEIVED October 9, 2006 Colorado Water Conservation Board OCT 10 2006 1313 Sherman Street, Room 723 Denver, CO 80203 edotado Water Con"ation Board Re: Proposed Amendments to the Recreational In- Channel Diversion Rules Dear Members of the Board: The Colorado River Water Conservation District ( "River District ") appreciates the opportunity to comment on the CWCB's Proposed Amendments to the Recreational In- Channel Diversion ( "RICD ") Rules ( "Proposed Rule Amendments "). The River District is a political subdivision of the State of Colorado, responsible for promoting the conservation, use, and development of the water resources of the Colorado River to which Colorado is legally entitled under the 1922 and 1948 compacts. The River District participated in the development of the RICD statute (SB 0l -216 & SB 06 -37), the rulemakings for the adoption of the existing RICD rules in 2001 and 2005, and in the trial and appeal of the Upper Gunnison River Water Conservancy District's RICD filing. (The supreme court's opinion in CWCB v. Upper Gunnison River Water Conservation District, 109 P.3d 585 (2005) is referenced in these comments as "Upper Gunnison ".) In general, we believe the C WCB staff did a very good job of revising the RICD Rules to track closely with SB 06 -37. At this time, the River District only has a few comments and requests for clarification. I. Specific Comments. A. Section 4 — Definitions. The River District agrees with and supports the staff's decision to simply reference the statutory definitions. This eliminates potential confusion about definitions that differ from the statute that occurred in past versions of the rules. B. Section 7(a)(viii). The River District recommends deletion of this consideration. We understand that this consideration was included in the Upper Gunnison case; but it is unclear how the C WCB will make a determination that a proposed RICD would shield water from development. Other considerations in this section more clearly and objectively address the potential of compact impairment, while this factor implies an unnecessarily subjective determination. SUITE #200.201 CENTENNIAL STREET P.O. BOX 1120 /GLENWOOD SPRINGS, COLORADO 81602 (970) 945 -8522 • FAX (970) 945 -8799 • www.crwcd.org