Laserfiche WebLink
Colorado Water Conservation Board <br />Proposed Amendments to the Recreational In- Channel Diversion Rules <br />October 9, 2006 <br />Page 2 <br />C. Section 7(a)(ix) and 7(c)(i -ii). These considerations examine whether the RICD will <br />impact "consumptive water use opportunities," "probable future upstream junior <br />appropriations" and `probable future changes, transfers or exchanges...." The River <br />District agrees that upstream uses should be considered as long as those uses are not <br />speculative, but it is unclear how the CWCB will make these findings. The River <br />District recommends providing more guidance on what is "probable" or reasonably <br />foreseeable. For example, the existence of upstream conditional water rights is a more <br />objective determination of future upstream use than "opportunities" to use water <br />upstream. In addition, a project or exchange opportunity that is currently being <br />studied would provide more objective guidance. The River District supports the intent <br />behind these sections; we only seek more objective criteria to avoid consideration of <br />speculative water development claims. <br />D. Section 7(c)(iii). This consideration about whether the RICD will be affected or will <br />affect existing federal policies, regulations and law is confusing. It is not clear what <br />underlying concern the CWCB is trying to address. Perhaps, the CWCB staff could <br />clarify the intent behind this section. <br />E. Section 9 - Notice. There appears to be a typo in this section. In the first sentence that <br />has been added to this section, we think it should read: "The Board shall include <br />notice of RieB public deliberation on an RICD on its agenda ...." <br />H. River District Participation in the Hearing. <br />The River District would like to reserve the right to comment on issues raised by other parties <br />not addressed in this letter. <br />Yours very truly, <br />4 Tay1C. Hawes <br />Associate Counsel <br />cc: Colorado River Water Conservation District Board of Directors <br />