Colorado Whitewater Courses and Water Rights

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�1♦*� 1 ��. y . r,.p T J � �1•' - Ye•"� 44 l t TM Water Rlyhts, Water Qua lity & Water `Solutions In This Issue: Colorado Recreational Water Rights ............... 1 Federal Wetlands Jurisdiction ................ 8 Water Utility Conservation Project Analysis ....................... 13 Rights -of -Way Across Federal Lands: 9th Circuit Ruling ..... 22 Water Briefs ............... 23 Calendar ..................... 27 Upcoming Stories: Instream Flow Science Water Planning In Phoenix & More! _t in the West COLORADO WHITEWATER COURSES AND WATER RIGHTS by Kenneth W. Knox, Ph.D., P.E., Colorado Division of Water Resources (Denver) Introduction The State of Colorado, similar to many other regions throughout the United States, is blessed with rivers and streams of exquisite beauty, Many of these streams cascade through the mountains and flow toward the oceans with sufficient slope to offer rafting, kayaking, canoeing, and other types of boating opportunities from early spring through the summer and autumn months until winter ice encroaches. Individuals have enjoyed river boating opportunities for decades in the natural stream channels throughout Colorado. Within the last few years, the number of whitewater enthusiasts has increased dramatically and prompted an expanding demand for defined courses that include structures designed to enhance whitewater features. Local municipal and county officials have responded by constructing whitewater courses or river parks in their quest to capture the economic incentives from this burgeoning recreational interest. A map (page 2) and a table (spanning pages 4 and 5) have been included to help illustrate the range of existing and pending whitewater courses within Colorado. This article provides a measure of practical insight into the legal, technical, and administrative disciplines relevant to water resource management that are impacted by whitewater courses. To begin, it is important to establish the terminology and physical characteristics that pertain to a whitewater course. As to terminology, a "recreational in- channel diversion' (RICD), "whitewater course" and "kayak course" are used interchangeably and considered to be synonymous. These terms refer to the physical characteristics of a "whitewater course" and are distinct from the water rights that seek to provide a protected source of water to flow through these structures. Whitewater courses are constructed within a predefined stretch of a natural river channel or stream corridor. These courses include drop structures and other flow - altering structures constructed within the stream to provide near- instantaneous course changes, elevation drops, standing waves, and other turbulence- inducing features that enhance the "ride" within a predefined stretch of a stream corridor. The structures are typically constructed of large boulders placed in accordance with a professional engineering design to retain their structural integrity under high flows and provide varying levels of whitewater challenges to enthusiasts with different degrees of proficiency under changing river flows. The hydraulic structures are keyed (i.e., anchored), into the banks of the river ind the river channel for stability. They are often grouted or cemented for additional structural strength. Construction activities within the natural stream channel are subject to Federal compliance with the "dredge and fill' requirements in Section 404 of the Clean dilater Act (33 U.S.C.A. § 404). As previously mentioned, these whitewater courses are ; onstructed within or adjacent to municipalities, therefore they often include spectator ;eating along the river corridor to offer unobstructed views to friends, families, and others ;njoying the aquatic athleticism of whitewater enthusiasts. Issue #30 August 15, 2006