Colorado Farm Bureau Policy Briefs

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Farm Bureau Participating in Discussion Group Regarding RICD Legislation Again this year is a bill introduced regarding Rec- rience ". The bill defines such an experience as "the reational In- Channel Diversions (RICDs). SB 37, use of the RICD for kayaking" and specifies that sponsored by Senator Jim Isgar (D- Hesperus) and while other activities may occur, they may not serve Representative Kathleen Curry (D- Gunnison), modi- as evidence of such an experience. The bill requires fies the requirements applicable to the adjudication of that the water court make specific findings regard - a RICD in a number of ways. ing RICD applications and retain jurisdiction for a First, the bill limits the definition of a RICD by minimum of 20 years to allow reconsideration of the specifying that it is the amount of water diverted or RICD decree. Finally, the bill alters the role of the controlled during the daytime hours between April 1 Colorado Water Conservation Board (CWCB) plays to Labor Day under most conditions. The bill further in the process by: specifies a presumption of no material injury to the • repealing the requirement that the CWCB make a RICD from subsequent appropriations or changes in recommendation to the water court as to whether water rights unless the effect on the RICD is greater the RICD should be granted, granted with condi- than 0.5 percent of the lowest decreed rate for the tions, or denied; and RICD. The bill also specifies that a "call" on a RICD • deleting two required factors and one discretionary water right will only be administered if it results in factor on which the CWCB is required to make at least 90 percent of the decreed rate of flow for the findings of fact. applicable time period. The bill defines a "control This bill will become effective upon signature structure" used for RICDs as a structure consisting of the Governor, and applies only to applications for of durable materials that has been placed with the and the administration of RICDs filed on or after this intent to divert, capture, possess, and control water date. in its natural course for a specified RICD. The bill Colorado Farm Bureau is participating on a sub - requires the structure be designed by a professional committee established by the Colorado Water Con - engineer, and be able to efficiently and withg4t waste gress to discuss possible amendments that will help produce the specified "reasonable recreational expe- reach a compromise with opponents of the bill. II 11 1 6£ZZ —EOZOB 03 11311"30 I TZL 31S 1S HUMI13HS £T£T 08U00 HOIlUbUS"03 831UM H3IHUHn1 a N3 0 4O0 Z0$ lIJIO —E010U ��sMa� �a�a�Mua��' ;sub u01leN9SU00 JOILIM Opp opa opIJOIOD `JOAUga 900Z 9 T U3J Z1108 Oa 1 '1V1N :4,L :43 8L9 •ON1iuuad C � I/� I LL 16 Plied 32VISod 'S•fl I�2II I�2I�I�iI LSV u011ezim'sip 1gOZd UON r1VJIng WHY3 oQWIOZOa