RICD Follow Up Meeting: Pre-216 Cases

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. .a I 3 Recreational In- Channel Diversions - Follow up Meeting Pre -216 cases As we discussed when we met in April there are six cases that involved water rights for recreational purposes within the channel of a stream. These water rights were for various flows as follows: 1. Fort Collins (30 cfs/ 5 cfs) 2. Littleton (100 cfs) 3. Golden (up to 1000 cfs) 4. Vail (up to 400 cfs) 5. Breckenridge (up to 500 cfs) 6. Aspen (up to 500 cfs -out of channel, through an old oxbow) The first case went to the Colorado Supreme Court where that Court ruled that an in- channel water right may be able to exist, but they could not have applied retroactively the legislation that provided that the CWCB is the sole entity that may appropriate an instream flow water right for any purpose. Littleton and Aspen were decreed without trials. In the Golden, Vail and Breckenridge cases, the water courts awarded water rights, and on appeal the Colorado Supreme Court deadlocked in a tie (3 -3) with Hobbs recusing himself. 216 cases decreed Then in 2001, the General Assembly passed Senate Bill 216, providing that certain local governmental entities could obtain water rights for "Recreational In Channel Diversions ( "RICDs ")" as long as they met certain factors, and as long as the water right was for the minimum flows for a reasonable recreation experience. After passage of Senate Bill 216, the following entities filed for, and obtain RICD water right decrees: 1. Gunnison (The water court granted a water right decree and the CWCB appealed the matter to the Colorado Supreme Court, which reversed the water court and remanded the matter back to the water court. The CWCB and the District then agreed on a stipulated decree.) 2. Pueblo (negotiated settlement) 3. Chaffee County (negotiated settlement)