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Rules Concerning Recreational In- Channel Diversions <br />1. Title. Rules Concerning Recreational In- Channel Diversions, adopted pursuant to <br />section 37 -92 -102, C.R.S. (2001), and hereinafter referred to as the "RICD Rules." <br />2. Purpose of Rules. The .purpose of these Rules is to set forth the procedures to be <br />followed by: 1) Applicants for Recreational In- Channel Diversions; and 2) the <br />Colorado Water Conservation Board when making Findings of Fact and <br />recommendations to a water court regarding Recreational In- Channel Diversions <br />(hereinafter referred to as "RICDs "). By this reference the Board incorporates the <br />Basis and Purpose statement prepared and adopted at the time of the rulemaking. A <br />copy of this document is on file at the Board office. <br />3. Statutory Authority. The General Assembly specifically recognized the <br />appropriation and adjudication of RICDs by local governmental entities, pursuant to <br />sections 37 -92 -102, 37 -92 -103, & 37 -92 -305, C.R.S. (2001). The statutory authority <br />for these Rules is found at section 37- 92- 102(6)(b)(VI), C.R.S. (2001). Article 10, <br />Title 24, C.R.S. makes certain exceptions to the sovereign immunity of and contains <br />provisions regarding potential liability of state and local governmental entities. By <br />promulgating these Rules, the Board assumes no liability related to RICDs and <br />expressly does not waive its sovereign immunity under Article 10, Title 24, C.R.S. <br />4. Definitions. <br />a. Applicant. Means a Local Governmental Entity that has filed a water court <br />application for a RICD on or after January 1, 2001. <br />b. Application Receipt Date. Means the date that the Board receives a copy of the <br />RICD application. <br />c. Beneficial Use. Is the use of that amount of water that is reasonable and <br />appropriate under reasonably efficient practices to accomplish without waste the <br />purpose for which the appropriation is lawfully made and, without limiting the <br />generality of the foregoing, includes ... the diversion of water by a Local <br />Governmental Entity for recreational in- channel diversion purposes .... Section <br />37- 92- 103(4), C.R.S. (2001) in its entirety is incorporated herein by reference. <br />d. Board. Means the Colorado Water Conservation Board as defined in section 37- <br />60 -101, 103 and 104, C.R.S. (2001). <br />e. Board's Office. Means the Colorado Water Conservation Board's office, located <br />at 1313 Sherman Street, 7 t1 Floor, Denver, CO 80203. The phone number is <br />(303) 866 -3441. The facsimile number is (303) 866 -4474. The Board's website <br />is http: / /www.eweb.state.co.us <br />f. Compact Entitlements. Means all of Colorado's water entitlements pursuant to <br />interstate compacts, equitable apportionments, Supreme Court rulings designating <br />water apportionments, or any other legally recognized designation of <br />apportionment of interstate waters. <br />g. Director. Means the Director of the Colorado Water Conservation Board who is <br />the chief administrative head of the Board, under the direction and supervision of <br />