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Agenda Item 20: RICD Rules Recommendations
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Agenda Item 20: RICD Rules Recommendations
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Last modified
6/17/2010 2:13:54 PM
Creation date
6/16/2010 3:29:22 PM
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Water Supply Protection
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
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h. Information demonstrating that the amount of water claimed is the minimum amount <br />necessary to achieve the reasonable recreation experience sought. <br />i. Information about all necessary permits and the status thereof, including existing or <br />proposed permit terms and conditions; <br />j. List of persons notified by the applicant about the RICD; and, <br />k. Information about existing or proposed gages on the affected stream that may be utilized <br />to administer the water right being sought. <br />9. Notice <br />Within fifteen days of the application receipt date, the staff shall post notice of receipt of the <br />application on the CWCB website. The notice shall include the name of the applicant, the flow <br />amounts claimed, the water division, the name of the stream, the proposed reach of the stream, <br />the location of the structures including the county, and information about how to obtain party <br />status. In addition, the staff shall notify the county commissioners of the county in which the <br />RICD is (or will be) located, and any upstream counties. The Board shall include notice of <br />RICD public deliberation on an RICD on its agenda for a regularly scheduled or specially <br />scheduled Board meeting that is also posted on the CWCB website. At that time or at a <br />subsequently noticed Board meeting the Board will: 1) ratify the Statement of Opposition filed <br />by the Staff; 2) direct the Staff to issue appropriate written findings. <br />10. Statements of Opposition and Staff Report <br />The staff shall file a statement of opposition in every RICD case to assure that the Board has the <br />ability to properly influence a water court on the requisite factors. The Staff shall provide a <br />written report and recommendation to the board based on the information provided by the <br />applicant and any other applicable information. At the Board meeting, the Board shall: 1) ratify <br />the statement of opposition, inform the Staff about the proper findings, and direct the Staff to <br />fully participate in the water court; 2) inform the Staff about the proper findings and choose to <br />withdraw the statement of opposition; or 3) ratify the statement of opposition and table the <br />discussion regarding the proper findings and whether to participate fully in water court. <br />11. Public Deliberations <br />The Board will publically deliberate about the findings that it will make for each RICD. <br />12. Submission of Findings to the water court <br />Pursuant to section 37- 92- 102(6)(c), C.R.S., the board shall submit its findings of fact to the <br />water court within 90 days after the final closing date for filing statements of opposition. <br />However, the board, for good cause shown on the record, may request that the water court grant <br />additional time to the board for making and reporting its findings of fact. <br />5 <br />
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