|
g. Compact Entitlements. Means all of Colorado's water entitlements pursuant to interstate
<br />compacts, equitable apportionments, supreme court rulings designating water
<br />apportionments, or any other legally recognized designation of apportionment of
<br />interstate waters.
<br />h. Control Structure. Is defined as stated in section 37 -92- 103(6.3), C.R.S., which is
<br />incorporated herein by reference.
<br />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
<br />set out in section 37- 92- 102(6), C.R.S. and filed with 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 be used for a
<br />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 />2
<br />
|