Recreational In-Channel Diversion Rules (3)

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DEPARTMENT OF NATURAL RESOURCES Colorado Water Conservation Board 2 CCR 408 -3 RECREATIONAL IN- CHANNEL DIVERSION RULES 1. Title Rules Concerning Recreational In- Channel Diversions, adopted pursuant to section 37 -92 -102, C.R.S., and hereinafter referred to as the "RICD Rules" or "Rules ". 2. Purpose of Rules The purpose of these Rules is to set forth the procedures to be followed by: 1) applicants for Recreational In- Channel Diversions (hereinafter referred to as "RICDs "); and 2) the Colorado Water Conservation Board (hereinafter referred to as "CWCB" or "Board ") when making Findings of Fact to a water court regarding RICDs. In addition, the purpose of these Rules is to provide guidance about the type of information that will assist the Board in making its findings to the water court. The Board has incorporated into these Rules, the Statement of Basis and Purpose prepared and adopted at the time of the rulemaking. These Rules will supersede the RICD Rules adopted on November 15, 2005, codified at 2 CCR 408 -3, and they are intended to apply to applications that will be reviewed by the Board after the effective date of these Rules. However, they will not apply to applications that were already filed prior to July 1, 2006. 3. Statutory Authority The General Assembly specifically recognized the appropriation and adjudication of RICDs by local governmental entities, pursuant to sections 37 -92 -102, 37 -92 -103, & 37 -92 -305, C.R.S. The statutory authority for these Rules is found at section 37- 60- 106(k) and 37 -60 -108, C.R.S. By promulgating these Rules, the Board assumes no liability related to RICDs and expressly does not waive its sovereign immunity under Article 10, Title 24, C.R.S. 4. Definitions a. Applicant. Means a local governmental entity that has filed a water court application for a RICD on or after July 1, 2006. b. Application Receipt Date. Means the date that the Board receives a copy of the RICD application. c. Application. A water court application filed with the CWCB for consideration under these Rules. d. Beneficial Use. Is defined as stated in section 37 -92- 103(4), C.R.S., which is incorporated herein by reference. e. Board. Means the Colorado Water Conservation Board as defined in sections 37 -60 -101, 103 and 104, C.R.S., which is incorporated herein by reference. f. Board's Office. Means the Colorado Water Conservation Board's office, located at 1313 Sherman Street, 7"' Floor, Denver, CO 80203. The phone number is (303) 866 -3441. The facsimile number is (303) 866 -4474. The Board's website is