Recreational In-Channel Diversion Rules (3)

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c. Evidence, including hydraulic and hydrologic calculations, that the physical control structures are capable of diverting, capturing, and controlling water within the stream channel; d. Documentation describing and justifying the nature of the recreational experience sought; e. Documentation identifying and /or justifying the time of day and season of use sought; f. Evidence that the amounts requested in the RICD application are available for appropriation; g. Information about the frequency of occurrence of the requested stream flows, including exceedance calculations and duration curves for the claimed stream flows; h. Information demonstrating that the amount of water claimed is the minimum amount necessary to achieve the reasonable recreation experience sought; i. Information about all necessary permits and the status thereof, including existing or proposed permit terms and conditions; j. List of persons notified by the applicant about the RICD; and, k. Information about existing or proposed gages on the affected stream that may be utilized to administer the water right being sought. 9. Notice Within fifteen days of the application receipt date, the staff shall post notice of receipt of the application on the CWCB website. The notice shall include the name of the applicant, the flow amounts claimed, the water division, the name of the stream, the proposed reach of the stream, the location of the structures including the county, and information about how to obtain party status. In addition, the staff shall notify the county commissioners of the county in which the RICD is (or will be) located, and any upstream counties. The Board shall include notice of public deliberations on an RICD on its agenda for a regularly scheduled or specially scheduled Board meeting that is also posted on the CWCB website. At that time or at a subsequently noticed Board meeting the Board will: 1) ratify the Statement of Opposition filed by the Staff, 2) direct the Staff to issue appropriate written findings. 10. Statements of Opposition and Staff Report The staff intends to file a statement of opposition in every RICD case to assure that the Board has the ability to properly weigh in on the requisite factors to the water court. Circumstances may occur where the Staff would propose not filing a statement of opposition to an RICD case, but the Staff would inform the Board of such a case and obtain Board concurrence or comment in these types of situations. The Staff shall provide a written report and recommendation to the Board based on the information provided by the applicant and any other applicable information. At a Board meeting following the Staff's filing of a statement of opposition, the Board will: 1) ratify the statement of opposition, inform the Staff about the appropriate findings to file with the water court, and direct the Staff to fully participate in the water court proceedings; 2) inform the Staff about the appropriate findings to file with the water court and choose to withdraw the statement of opposition; or 3) ratify the statement of opposition and table the discussion regarding the appropriate findings to file with the water court and whether to participate fully in water court. 11. Public Deliberations The Board will publicly deliberate about the findings that it will make for each RICD. 5