Laserfiche WebLink
Recreational In- Channel Diversions (RICDs) Glenn E. Porzak, E sq. <br />B. Senate Bill 62 <br />After the filing of the Streamboat Springs application, but prior to the trial in that case, Senator <br />Taylor introduced SB 62 in the 2005 General Assembly." This was an outright effort by Senator <br />Taylor, Yampa basin lawyer Tom Sharp, and the Upper Yampa Water Conservancy District to undercut <br />and legislatively defeat the Steamboat RICD. It attempted to do this by adding as a factor for CWCB <br />review whether the RICD would "affect" development of future upstream storage and water <br />development projects. The bill also declared water diverted by a RICD to be wasted unless at least ten <br />kayakers were using the water at or near the structures. It would have restricted the ability of the <br />RICD to place a call unless the structure controls 100% of the water, and concentration of flow would <br />not constitute control of water. Finally, it would have limited in- channel recreation to kayaking <br />only. 102 A subsequent amendment would have restricted flow rates for RICDs to no more than 350 <br />cfS, 103 <br />Because the bill would have effectively undermined future water rights for boating parks, the <br />recreation community believed the only option was its defeat, not its amendment. This opposition <br />continued, even when the bill was amended to exclude all existing applications and decrees for RICDs. <br />With the support of most traditional water interests, the bill passed out of the Senate and through the <br />House Agriculture Committee. However, as the result of an intensive lobbying campaign by a coalition <br />of recreation water interests,' 04 the bill was finally killed on the House floor. <br />XI. The Chaffee County Claim.(Water Division 2, Case No. 04CW129) <br />The Upper Arkansas River in Chaffee County has become one of the nation's premier locations <br />for water -based recreation. 105 Commercial river use alone had an estimated economic impact of $60.9 <br />million on the upper Arkansas River in the year 2005. The Arkansas River in Chaffee County is not <br />only a major center for commercial boating, it is also widely used for private boating and recreational <br />fishing. Chaffee County also hosts the longest running boating event in the country (Fibark boating <br />festival) that draws large crowds to the City of Salida every year. <br />associated with holding a two -day hearing in Steamboat or participating in a ten -day trial in Steamboat. Nor does this <br />accounting take into consideration the additional expense incurred by the City of Steamboat Springs as a result of being <br />forced to go to trial. <br />98 Senate Bill 05 -062, A Bill for an Act Concerning Additional Requirements Applicable to the Adjudication of a <br />Recreational In- Channel Diversion, January 25, 2005. <br />99 Id., Section 1, 37- 92- 102(6)(b)(V.5). <br />100 Id., Section 2, 37- 92- 103(4). <br />101 Id., 37- 92- 103(6.3). <br />112 Id., 37- 92- 103(10.3). <br />103 Id., amending 37- 92- 103(4). <br />104 Included in the coalition were seventeen local governments, six water districts, sixteen nonprofits, and numerous <br />businesses, associations, and individuals. <br />105 Colorado State Parks and the Bureau of Land Management cooperatively operate the Arkansas Headwaters Recreation <br />Area, including almost 150 miles of the river and adjacent lands. See Colorado State Parks website. <br />(\ 106 Executive Summary Commercial River Use in Colorado, 2005 Year End Report, prepared by Colorado River Outfitters <br />Association. <br />CLE INTERNATIONAL 0 PAGE K -29 0 COLORADO WATER LAW <br />