Recreational In-Channel Diversion Rules

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flecrondouo In-Channel Diversion Rukm l. Id6: Rules Concerning Recreational In-Channel Diversions, adopted pursuant to section 37-92-102, C.R.S., and hereinafter referred to as the "RICD Rules.*' 2. Purpose of Rules The purpose of these rules isto set forth the procedures tobo followed by: |) applicants for Recreational In-Channel Diversions (hereinafter referred to as'RI0s`) and 2\ the Colorado Water Conservation Board (hereinafter referred in no "board") when making Findi of Fact and recommendations toa water court regarding KIC[)x. Iu addition, the purpose o[ these rules istoprovide guidance about the type of information that will assist the board in making its findings and recommendation b/ the water court. The board has incorporated into these rules, the statement of basis and purpose prepared and adopted at the time of the rulemaking. These rules will aupercede the B]C[) Rules adopted. oo November 8,2O0|, codified o12CCR|4O8-3"and they are intended to apply to applications that will be reviewed by the board after the effective date of these rules. However , they will not apply io applications that have already been reviewed by the CWCB, even if the CWCB may conduct further reviews (i.e. the applications of the Upper Gunnison River Water Conservancy District and Chaffee Comty). 3. Statutory Authority The General Assembly specifically recognized the appropriation and adjudication ofN[CI)s by local govcrnoiontad entities, pursuant to ueoiku)s 37-92-102 37-92-103, &37-g2-3O5 The statotory authority for these rules is found at section 37-92-1020>(b)ND, C.R.S. By promulgating these rules, the board assumes no liability related toFOCIls and expressly does not waive its sovereign immunity Linder Article |O, Title 24, C.ft.S. 4. Definitions u Applicant. Meal u local governmental entity that has filed u water court application for RICZ)nnorafter January |,200l. b. Application Receipt Date. Means the date that the board receives m copy of the DJCl} application. c. Applicat /\ water Court application filed with the CWCB for consideration under these rules. d. Beneficial Use. Is defined as stated in Section 37-92-10�(4), C.Tl.S.,wbiob is incorporated herein hyreference. c. Board. Means the Colorado Water Conservation Board as defined in sections 37-60-101, |03 and I04 [ Board's Office. Means the Colorado Water Conservation Board's office, located u1\3l3 Sherman Street, 7 m Floor, Denver, C()8O203. The phone number ia(3O3) 8O6-344\. Tbn<bcniooilo number io(3O3)86b-4474. The board's vvubsiteis . g. Compact Entitlements. Means all of Colorado's water entitlements pursuant tn in1croLode compacts, equitable apportionments, supreme court rulings designating water apportionments, or any other legally recognized designation of apportionment of io1uxotnte wuion.