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

e. Board hearings may be recorded by a reporter or by an electronic
recording device. Any Party requesting a transcription of the hearing(s)
shall be responsible for the cost of the transcription.
f. The Hearing Coordinator shall determine the order of testimony for the
hearing(s), and shall decide other procedural matters related to the
hearing(s), including but not limited to the deadlines for written
submissions and written testimony. The Hearing Coordinator does not
have authority to rule on substantive issues, which authority rests solely
with the Board.
g. The Board may take final action at the hearing(s) or at a later date.
h. The Board may permit general comments from any person who is not a
Party; however, the Board may limit these public comments to five
minutes per person.
i. The Board will not apply the Colorado Rules of Evidence at . hearing(s) on
RICDs.
15. Required Findings. Pursuant to Section 37 -92- 102(6), C.R.S. (2001), the Board
shall consider the factors identified in Rule 7 and shall send its written findings and
recommendations to the water court.
16. Lack of Information. If the Board does not have adequate information to make all
of the findings required under Rule 7 of the RICD Rules, the Board may recommend
postponement or denial of the application.
17. Variances. Upon written petition, the Board or the Hearing Coordinator may grant a
variance from any procedural requirements of these Rules if strict application of these
Rules, taking into account the interests of all parties and the Applicant, would be
unfair.
18. Submission of Findings and Recommendation to the water court. Pursuant to
section 37- 92- 102(6)(c), C.R.S. (2001), the Board shall submit its Findings of Fact
and recommendation to the water court within 90 days after the final closing date for
filing statements of opposition. However, the Board, for good cause shown on the
record, may request that the water court grant additional time to the Board for making
and reporting its Findings of Fact and its recommendations.
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