Rules Concerning Recreational In-Channel Diversions

• Description: RICD
• State: CO
• Date: 1/1/3000
• Title: Rules Concerning Recreational In-Channel Diversions
• Water Supply Pro - Doc Type: Report/Study

the Board, and who has general supervision and control of all its activities,
functions, and employees
h. Findings of Fact and Recommendation. Means the written findings of the
Board regarding the factors set out in section 37 -92- 102(6), C.R.S. (2001) and the
RICD Rules and the written recommendation of the Board to the water court as to
whether an application for a RICD should be granted, granted with conditions,
granted with a retained jurisdiction:ar re- opener provision, or denied.
i. Hearing Coordinator. Means the person appointed by the Director to be
responsible for establishing the procedural rules, to the extent not otherwise set
forth herein, which will govern the conduct of any public hearing on a RICD.
j. Instream Flow (hereinafter referred to as "ISF "). Means any water, water rights
or interests in water appropriated or acquired by the Board, pursuant to section
37- 92- 102(3), C.R.S. (2001) for preservation of the natural environment to a
reasonable degree. Pursuant to section 37 -92- 102(3), C.R.S. (2001) no other
person or entity may appropriate such rights, for any purpose whatsoever, in the
State.
k. Local Governmental Entity. Means an entity authorized to make appropriations
for RICD purposes and includes a county, municipality, city and county, water
district, water and sanitation district, water conservation district, or water
conservancy district existing in the State of Colorado.
1. Party. Means any person who has.,filed a statement of opposition to a RICD, or
any person who has filed for party status pursuant to Rule 10 of the RICD Rules.
m. Person. Means an individual, a partnership, a corporation, a municipality, the
state of Colorado, the United States, or any other legal entity, public or private.
n. Reasonable Recreation Experience. Means an experience in and on the water
that would allow individuals of average skills, abilities and interests relating to
the recreational activity to enjoy that activity in a lawful manner.
o. Recreational In- Channel Diversion. Means the minimum amount of water
necessary, as it is diverted, captured, controlled, and placed to Beneficial Use
between specific points defined by physical control structures pursuant to a water
court application filed by a Local Governmental Entity, for a reasonable
recreation experience in and on the water.
p. Staff. Means the Director and other personnel employed by the Board.
5. Submissions Required from an Applicant. Within 30 days after filing an
application for a RICD with any watex c court, an Applicant shall submit a copy of the
application to the Board Office, pursuant to section 37- 92- 102(5), C.R.S. (2001).
6. Required Determinations. The Board shall determine whether the application meets
the basic requirements to be considered an RICD. In making this determination, the
Board shall consider the following two factors:
a. Whether the amount of water sought represents the minimum amount of
water necessary to provide a reasonable recreation experience in and on the water.
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