Rules of Procedure for Hearings Before the Colorado Ground Water Commission

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RICD Rules adopted on November 15, 2005, codified at 2 CCR 408 -3, and they are intended to apply to applications that will be reviewed by the Board after the effective date of these Rules. However, they will not apply to applications that were already filed prior to July 1, 2006. 3. Statutory Authority The General Assembly specifically recognized the appropriation and adjudication of RICDs by local governmental entities, pursuant to sections 37 -92 -102, 37 -92 -103, & 37 -92 -305, C.R.S. The statutory authority for these Rules is found at section 37- 60- 106(k) and 37 -60 -108, C.R.S. By promulgating these Rules, the Board assumes no liability related to RICDs and expressly does not waive its sovereign immunity under Article 10, Title 24, C.R.S. 4. Definitions a. Applicant. Means a local governmental entity that has filed a water court application for a RICD on or after July 1, 2006. b. Application Receipt Date. Means the date that the Board receives a copy of the RICD application. c. Application. A water court application filed with the CWCB for consideration under these Rules. d. Beneficial Use. Is defined as stated in section 37- 92- 103(4), C.R.S., which is incorporated herein by reference. e. Board. Means the Colorado Water Conservation Board as defined in sections 37 -60 -101, 103 and 104, C.R.S. f. Board's Office. Means the Colorado Water Conservation Board's office, located at 1313 Sherman Street, 7"' Floor, Denver, CO 80203. The phone number is (303) 866 -3441. The facsimile number is (303) 866 -4474. The Board's website is http://www.cwcb.state.co.us g. Compact Entitlements. Means all of Colorado's water entitlements pursuant to interstate compacts, equitable apportionments, supreme court rulings designating water apportionments, or any other legally recognized designation of apportionment of interstate waters. h. Control Structure. Is defined as stated in section 37 -92- 103(6.3), C.R.S., which is incorporated herein by reference. i. Director. Means the director of the Colorado Water Conservation Board, who is the chief administrative head of the Board, under the direction and supervision of the Board, and who has general supervision and control of all its activities, functions, and employees. j. Diversion or Divert. Is defined as stated in section 37 -92- 103(7), C.R.S., which is incorporated herein by reference. k. Findings of Fact. Means the written factual findings of the Board regarding the factors set out in section 37 -92- 102(6), C.R.S. and filed with the water court. 1. Instream Flow (hereinafter referred to as "ISF "). Means any water, water rights or interests in water appropriated or acquired by the Board, pursuant to section 37 -92- 102(3), C.R.S., for the preservation of the natural environment to a reasonable degree. Pursuant to section 37- 92- 102(3), C.R.S., no other person or entity may appropriate such rights, for any purpose whatsoever. 2