Rules of Procedure for Hearings Before the Colorado Ground Water Commission

• Description: RICD Legislation: SB 37
• State: CO
• Date: 1/1/3000
• Author: Department of Natural Resources, CWCB
• Title: Rules of Procedure for Hearings Before the Colorado Ground Water Commission
• Water Supply Pro - Doc Type: Report/Study

ix. Whether beneficial consumptive water use opportunities upstream from the
claimed RICD would further develop Colorado's compact entitlements and would
be impaired by applicant's sought for stream flow amounts; and,
X. What provisions in the application are proposed for reducing or canceling the
RICD.
b. Whether the exercise of the RICD would cause material injury to existing ISF water
rights. The Board, in making this finding, may consider, but is not limited to, the
following:
i. The nature and extent of the ISF in the proposed reach or any affected
downstream reach;
ii. The timing and duration of the RICD as such may relate to the specific natural
environment for which the ISF was decreed;
iii. Whether the RICD, or administration of the RICD, would negatively impact the
natural environment for which the ISF was decreed; and,
iv. Whether during the construction of the RICD structures, the construction may
cause material injury to the ISF or the natural environment for which the ISF was
decreed.
c. Whether the adjudication and administration of the RICD, in the amounts claimed, would
promote maximum utilization of the waters of the State. The Board, in making this
finding, may consider, but is not limited to, the following:
i. Whether there are any probable future upstream junior appropriations for direct
diversion or storage;
ii. Whether there are any probable future changes, transfers, or exchanges of water
rights from points of diversion downstream of the reach affected by the RICD to
points upstream of or in the reach affected by the RICD;
iii. Whether existing federal policies, regulations and laws affect or will be affected
by the RICD;
iv. Whether a reasonable and efficient means is to be utilized to use, divert, capture
and control the water for a RICD so as to minimize its call upon the river and
avoid waste;
V. Whether a reasonable demand exists for the recreational activity in question as
determined by levels of current use and /or estimates of future use;
vi. Whether the application has appropriate limitations upon the time of day, days per
month, or seasons during which the RICD would be exercised;
vii. The depth and flow rate of the proposed RICD;
viii. With what frequency and duration, and from what sources, the requested amounts
of water for the RICD occur;
ix. The economic effects of the proposed RICD;
X. The environmental effects of the proposed RICD;
xi. The relationship of the requested RICD flow rates to the historic appropriated and
unappropriated flow rates for each time period requested;
xii. The effect of the RICD on other potential uses of water;
xiii. Whether the application as a whole meets the elements of the definition of a
RICD, as found in section 37 -92- 103(10.3);
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