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"Diversion" or "divert" means removing water <br />from its natural course or location, or <br />controlling water in its natural course or <br />location, by means of a ditch, canal, flume, <br />reservoir, bypass, pipeline, conduit, well, <br />pump, or other structure or device; except <br />that only a county, municipality, city and <br />county, water district, water and sanitation <br />district, water conservation district, or <br />water conservancy district may control water <br />in its natural course or location for <br />recreational in- channel diversions. This <br />does not apply to applications filed prior <br />to January 1, 2001. <br />"Beneficial use" is the use of that amount <br />of water that is reasonable and appropriate <br />under reasonably efficient practices to <br />accomplish without waste the purpose for <br />which the appropriation is lawfully made <br />and, without limiting the generality of the <br />foregoing, includes the impoundment of water <br />for recreational purposes, including fishery <br />or wildlife, and also includes the diversion <br />of water by a county, municipality, city and <br />county, water district, water and sanitation <br />district, water conservation district, or <br />water conservancy district for recreational <br />in- channel diversion purposes . . . . <br />§ 37 -92- 103(4), (7). This referenced term, "RICD," was defined <br />as follows: <br />"Recreational in- channel diversion" means <br />the minimum stream flow as it is diverted, <br />captured, controlled, and placed to <br />beneficial use between specific points <br />defined by physical control structures <br />pursuant to an application filed by a <br />county, municipality, city and county, water <br />district, water and sanitation district, <br />10 <br />