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i. Director. Means the director of the Colorado Water Conservation Board, who is the chief
<br />administrative head of the board, under the direction and supervision of the board, and
<br />who has general supervision and control of all its activities, functions, and employees.
<br />j. Diversion or Divert. Is defined as stated in Section 37 -92- 103(7), C.R.S., which is
<br />incorporated herein by reference.
<br />k. Findings of Fact. Means the written factual findings of the board regarding the factors set
<br />out in section 37 -92- 102(6), C.R.S. and the RICD Rules to the water court.
<br />1. Instream Flow (hereinafter referred to as "ISF "). Means any water, water rights or
<br />interests in water appropriated or acquired by the board, pursuant to section 37 -92-
<br />102(3), C.R.S., for the preservation of the natural environment to a reasonable degree.
<br />Pursuant to section 37 -92- 102(3), C.R.S., no other person or entity may appropriate such
<br />rights, for any purpose whatsoever.
<br />m. Local Governmental Entity. Means a Colorado entity authorized to appropriate a RICD
<br />and includes a county, municipality, city and county, water district, water and sanitation
<br />district, water conservation district, or water conservancy district.
<br />n. Person. Means an individual, a partnership, a corporation, a municipality, the state of
<br />Colorado, the United States, or any other legal entity, public or private.
<br />o. Reasonable Recreation Experience. Is defined as stated in Section 37 -92- 103(10.1),
<br />C.R.S., which is incorporated herein by reference.
<br />p. Recreational In- Channel Diversion. Is defined as stated in Section 37 -92- 103(10.3),
<br />C.R.S., which is incorporated herein by reference.
<br />q. Staff. Means the Director and other personnel employed by the board.
<br />5. Optional Pre - Application Process
<br />Prior to submitting an application to the water court or to the board, the board encourages the
<br />applicant to meet with staff to discuss the proposed RICD application and the procedures to be
<br />followed by the board to review the application. Staff will provide input regarding how the
<br />proposed application can meet the intent of the RICD rules.
<br />6. Submissions Required from an Applicant
<br />Within 30 days after filing an application for a RICD with any water court, an applicant shall
<br />submit a copy of the application to the board office, pursuant to section 37 -92- 102(5), C.R.S.
<br />7. Required Findings
<br />The board, after deliberation in a public meeting, is required to make certain written findings
<br />relative to each RICD application. § 37 -92- 102(6), C.R.S. The statutory definition of RICD
<br />requires that the applicant claim only the minimum stream flow, that the flow would be used for
<br />a reasonable recreation experience in and on the water, and that the flow be diverted, captured,
<br />controlled, and placed to beneficial use. The required findings on factors are:
<br />a. Whether the adjudication and administration of the RICD would materially impair the
<br />ability of Colorado to fully develop and place to consumptive beneficial use its compact
<br />entitlements. The board, in making this finding, may consider, but is not limited to, the
<br />following:
<br />i. The amount and location of remaining unappropriated compact entitlement waters
<br />in the basin in question and at the RICD point of diversion;
<br />ii. The proximity of the RICD to the state line;
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