Agenda Item 20: RICD Rules Recommendations

• Description: RICD Legislation: SB 37
• State: CO
• Date: 7/11/2006
• Author: Ted Kowalski
• Title: Agenda Item 20: RICD Rules Recommendations
• Water Supply Pro - Doc Type: Board Memo

STATE OF COLORADO
Colorado Water Conservation Board
Department of Natural Resources
1313 Sherman Street, Room 721
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
www.cwcb.state.co.us
MEMORANDUM
To: CWCB Members
From: Ted Kowalski
Date: July 11, 2006
Bill Owens
Governor
Russell George
Executive Director
Rod Kuharich
CWCB Director
Dan McAuliffe
Deputy Director
Re: Agenda Item 20, July 25 -26, 2006 Board Meeting, Water Supply Protection —RICD
Rules Recommendations —The Board will be asked to provide guidance to the Staff
regarding rescinding or revising the RICD rules with the passage of Senate Bill 37.
Background
In May 2006, Governor Owens signed Senate Bill 37, which amended the Recreational In- Channel
Diversion ( "RICD ") Statute. Senate Bill 37:
1. Requires the Board to make findings of fact regarding only three factors: maximum utilization,
compact entitlements, and injury to instream flow water rights. The Board's findings shall be
presumptive as to such facts before the water court, subject to rebuttal by any party.
2. Eliminates the requirement that the Board hold a hearing, but rather provides that the Board must
deliberate in a public meeting.
3. Defines control structures such that they must be efficiently designed, by a professional
engineer, and constructed so that it will operate efficiently and without waste.
4. Defines "reasonable recreation experience" to be the use of an RICD for, and limited to,
nonmotorized boating. While other recreational activities may occur, they may not serve as
evidence of a reasonable recreation experience.
5. Defines a recreational in- channel diversion as a minimum amount of stream flow placed to
beneficial use between specific points defined by control structures, for a reasonable recreation
experience from April 1 to Labor Day of each year unless the applicant can demonstrate that
there will be demand for the reasonable recreation experience on additional days. The RICD
shall be limited to one specific flow rate for each time period claimed by the applicant, and
individual time periods shall not be shorter than 14 day unless the applicant can demonstrate a
need for a shorter time period.
6. Establishes a presumption that there will not be material injury if a subsequent appropriation or
change of water rights does not exceed 1 /10 of 1% of the lowest decreed rate of flow for an
RICD, with a cumulative maximum effect of 2% of the lowest decreed rate of flow for an RICD
(sometimes referred to as a "de minimis provision ").
7. Provides that an owner of a water right for an RICD may not call for water that has been
lawfully stored by another appropriator.
Colorado Water Conservation Board
Flood Protection • Water Supply Planning and Finance • Stream and Lake Protection
Water Supply Protection • Conservation and Drought Planning