Rules of Procedure for Hearings Before the Colorado Ground Water Commission

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m. Local Governmental Entity. Means a Colorado entity authorized to appropriate a RICD and includes a county, municipality, city and county, water district, water and sanitation district, water conservation district, or water conservancy district. n. Person. Means an individual, a partnership, a corporation, a municipality, the state of Colorado, the United States, or any other legal entity, public or private. o. Reasonable Recreation Experience. Is defined as stated in section 37 -92- 103(10.1), C.R.S., which is incorporated herein by reference. p. Recreational In- Channel Diversion. Is defined as stated in section 37 -92- 103(10.3), C.R.S., which is incorporated herein by reference. q. Staff. Means the Director and other personnel employed by the Board. 5. Optional Pre - Application Process Prior to submitting an application to the water court or to the Board, the Board encourages the applicant to meet with staff to discuss the proposed RICD application and the procedures to be followed by the Board to review the application. Staff will provide input regarding how the proposed application can meet the intent of the RICD Rules. 6. Submissions Required from an Applicant Within 30 days after filing an application for a RICD with any water court, an applicant shall submit a copy of the application to the Board office, pursuant to section 37- 92- 102(5), C.R.S. 7. Required Findings The Board, after deliberation in a public meeting, is required to make certain written findings relative to each RICD application. § 37 -92- 102(6), C.R.S. The statutory definition of RICD requires that the applicant claim only the minimum stream flow, that the flow be used for a reasonable recreation experience in and on the water, and that the flow be diverted, captured, controlled, and placed to beneficial use. The required findings on factors are: a. Whether the adjudication and administration of the RICD would materially impair the ability of Colorado to fully develop and place to consumptive beneficial use its compact entitlements. The Board, in making this finding, may consider, but is not limited to, the following: i. The amount and location of remaining unappropriated compact entitlement waters in the basin in question and at the RICD point of diversion; ii. The proximity of the RICD to the state line; iii. The proximity of the RICD to suitable upstream points of diversion or storage which may be utilized by those who would place the water to consumptive beneficial use; iv. The existence of suitable downstream points of diversion or storage for consumptive beneficial uses before the water leaves the state; V. Exchange opportunities within the state that may be adversely impacted by the existence of the RICD; vi. Whether the basin is over - appropriated; vii. The effect on other decreed, existing undecreed, or reasonably foreseeable uses of the amount of water claimed; viii. Whether a RICD shields waters from a consumptive use that would otherwise be available under a particular compact;