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

C. Whether there is access for recreational in- channel use. The Board, in
making this finding, may consider, but is not limited to, the following
factors:
i. The nature and extent of the access required for the activity for
which a RICD is being sought;
ii. The ownership, leasehold, or other legal interest held by or readily
available to the Applicant for purposes of obtaining access; and,
iii. Any impediments to the Applicant obtaining access determined
necessary for the intended use.
I Whether the exercise of the RICD would cause material injury to existing
ISF water rights or the natural environment that rights protect. The Board,
in making this finding, may consider, but is not limited to, the following
factors:
i. The nature and extent of the ISF in the subject reach or any
affected downstream reach;
ii. The timing and duration of the RICD as such may relate to the
specific use which is'the basis for the ISF;
iii. Whether the RICD would negatively impact an ISF or the natural
environment that if protects; and,
iv. Whether the construction of the RICD structures may injure the
ISF or the natural environment that the ISF protects.
e. Whether the. adjudication and administration of the RICD would preclude
maximum utilization of the waters of the State. The Board, in making this
finding, may consider, but is not limited to, the following factors:
i. Whether there are any probable future upstream junior
appropriations for use or storage;
ii. Whether there are any probable fixture changes, transfers, or
exchanges of water rights from points of diversion downstream of the
reach affected by the RICD to points upstream of the reach affected by the
RICD;
iii. Whether a reasonable means is to be utilized to divert, capture and
control the water for a RICD so as to minimize its call upon the river and
avoid waste;
iv. The effect of the RICD upon other valuable state resources,
including established fisheries and riparian environments;
V. Whether a reasonable demand exists for the recreational activity in
question as determined by levels of current use and estimates of future
use; and
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