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

10. Party Status. Any person who desires party status, and who is not the Applicant or
who has not filed a statement of opposition to the RICD, shall become a Party upon
submittal of an application for party status to the Staff. The application for party
status shall include the name of the entity, the mailing address of the entity, and a
brief statement of the reasons why the entity is seeking party status. The application
for party status must be received at the Board Office within thirty days after the
Application Receipt Date. ..
11. Staff Report. Within eighty days from the Application Receipt Date, the Staff shall
provide a written report to the Board, to the Applicant, and to all Parties based on the
information provided by the Applicant, and any other applicable information. Such
written report shall include recommended Findings of Fact and Recommendation
based on these Rules.
12. Request for a Hearing. The Applicant, any Party, or any Board member may
request that the Board hold a public hearing regarding a RICD. Such requests must
be submitted in writing to and received at the Board office within forty-five days after
the Application Receipt Date.
13. Findings without a Hearing. If a public hearing is not requested pursuant to Rule
12, the Board may adopt, adopt with modifications, or reject the Staff's recommended
Findings of Fact and Recommendation at any regularly scheduled or special meeting
of the Board. Within ninety days after the closing of the period for filing of
statements of opposition for the application for the RICD right, pursuant to section
37- 92- 102(6)(c), C.R.S. (2001), the Board shall report its Findings of Fact and
Recommendation to the water court for review. Said Findings of Fact and
Recommendation shall be based on the record, which shall include all submissions to
the Board by the Applicant, by the Staff, and by any Party.
14. Hearing Procedures. If a hearing is requested pursuant to Rule 12, the Director shall
appoint a Hearing Coordinator to set the date of the hearing(s) and establish the
procedures by which evidence will be offered.
a. The Hearing Coordinator shall determine the date and location of all
hearings.
b. The Board shall mail a notice of the hearings) to the Applicant and all
Parties. Such notice shall be mailed at least 35 days prior to the hearing
date(s).
C. Any Party may present testimony or offer other evidence regarding
whether the RICD should be granted, granted with conditions or denied.
d. The Hearing Coordinator shall set timelines and deadlines for all written
submissions. Written submissions shall include, but not be limited to the
following: 1) a list of all disputed factual and legal issues; 2) the position
of the -Party regarding the disputed factual and legal issues; 3) a list
identifying all of the witnesses that will testify for the Party, and a
summary of the testimony that those witnesses will provide; and 4) copies
of all exhibits that the Party will introduce at the hearing(s).