Recreational In-Channel Diversion Rules

• Description: Durango RICD
• State: CO
• Basin: San Juan/Dolores
• Water Division: 7
• Date: 1/1/3000
• Title: Recreational In-Channel Diversion Rules
• Water Supply Pro - Doc Type: Report/Study

and including the 100-year (1% probability) flood flow without causing adverse
impacts to upstream, downstream, or adjacent property owners or whether the
applicant agrees to include a term and condition in the decree that the RICD
structures will be constructed in such a manner as to adequately pass all flows up
to and including the 100-year (1% probability) flood flows without causing
adverse impacts to upstream, downstream, or adjacent property owners:
Vi. The environmental effects of the proposed RfCD
vii. Whether the water depth in the stream reach is at least the minimum depth needed
for the identified reasonable recreation experience; and,
viii. Whether the RICD is located in a stream reach with an appropriate width for the
identified reasonable recreation experience.
Whether there is access for recreational in-channel use. The board, in making this
finding, may consider, but is not limited to, the following:
i. The nature and extent of the access required for the identified reasonable
recreation experience for which a RICD is being sought.
ii. 'Fhe ownership, leasehold, or other legal interest held by or available to the
applicant for purposes of obtaining access; and,
iii. Any impediments to the applicant obtaining access necessary for the intended
identified reasonable recreation experience.
d. Whether the exercise of the RICD would cause material injury to existing ISF water
rights. The board, in making this finding, may consider, but is not limited to, the
following:
i. The nature and extent of the ISF in the proposed reach or any affected
downstream reach;
ii. The timing and duration of the RICD as such may relate to the specific natural
environment for which the ISF was decreed;
iii. Whether the RICD, or administration of the RICD, would negatively impact the
natural environment for which the ISF was decreed; and,
iv. Whether during the construction of the RICD structures, the construction may
cause material injury to the ISF or the natural environment for which the ISF was
decreed.
e. Whether the adjudication and administration of the RICD, in the amounts claimed, would
promote—maximum utilization of the waters of the State. The board, in making this
finding, may consider, but is not limited to, the following:
i. Whether there are any probable future upstream junior appropriations for direct
diversion or storage;
ii. Whether there are any probable future changes, transfers, or exchanges of water
rights from points of diversion downstream of the reach affected by the RICD to
points upstream of or in the reach affected by the RIM,
iii. Whether existing federal policies regulations and laws affect or will be affected
by the RICD;
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