Written Instruction and Order 2007-01

Home Browse Search

This policy is issued pursuant to Section 37 -92 -501, C.R.S. (2006) This policy seeks to optimize use of water, prevent waste, protect the prior appropriation system, and ensure uniformity of administration among the Division Engineers. 4.0 PROCEDURES FOR PLACING VALID CALLS FOR RICD WATER RIGHTS 4.0.1 Designation of RICD Agent The RICD water rights holder must designate one to three individuals with the authority to place the call and report use (`the RICD Agent "). This requirement will prevent invalid calls made by individuals who are not affiliated or associated with the municipality holding the RICD water right and to prevent waste if there is no reasonable basis to expect use of the course. 4.0.2 Calling and Reporting The Division Engineer will honor a call for a RICD only if there is a reasonable basis to believe that the RICD water right will be put to beneficial use. If the Division Engineer has reason to believe that a call placed on a given day was wasted because no one used the RICD water right, the Division Engineer should allow upstream uses against this call for a 24 -hour period (and with regard to the determination of travel times as set forth below). There exists a reasonable basis to believe the RICD was put to beneficial use by determining whether the water was used by kayakers or by other appropriate recreational users within the preceding 24 -hour time frame. The best means to judge whether a beneficial use is likely to occur is to observe the day before: if use occurred, it is likely to occur again and if no use occurred, it is likely that it is not likely to occur the following day. While this measurement may not always be 100% accurate, it is a reasonable means to prevent invalid calls because there is some existing evidence of non- use to support it. No call will be honored if the Division Engineer has a reasonable basis to believe that the RICD was not put to beneficial use or beneficial use was limited in time. If the Division Engineer has reason to believe that a call placed on a given day for a RICD was not put to beneficial use, the Division Engineer shall not honor a call for the following 24 -hour period of time. If the Division Engineer has reason to believe that a call placed on a given day was only put to beneficial use for certain periods of time, the Division Engineer may determine only a limited call will be honored. For example, if the Division Engineer has a reasonable basis to believe that the RICD water right is not put to beneficial use before 10 am or after 8 pm for certain regular periods time, the Division Engineer may determine that limited call should be honored for beneficial uses only after