Policy; RICD In-Channel Diversion (RICD) Proposals

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- Policy - RECREATIONAL IN- CHANNEL DIVERSION ( "RICD ") PROPOSALS EFFECTIVE DATE November 19, 2001 PURPOSE The Colorado Water Conservation Board ( "CWCB "), pursuant to sections 37 -92- 102(5), 37 -92- 102(6) & 37 -92- 305(13), C.R.S. (2001), is required to file with a water court findings of fact and recommendations regarding an application for a RICD. The purpose of this policy is to provide a voluntary process whereby an entity considering applying for a RICD may obtain informal comments regarding its proposal from the CWCB, its Staff, and the public. This policy is adopted to encourage collaboration between potential applicants for RICDs and the CWCB and its Staff in order to garner the Board's support for the RICD application and to provide ample time for exploration of issues of potential concern. APPLICABILITY This policy applies to all RICD proposals prior to a RICD application being filed with a water court. POLICY 1. Any entity that is considering filing a RICD application may elect to discuss its proposal and supporting information with the Staff of the CWCB. The Staff will review and evaluate any proposal within thirty days of receiving a request for an informal evaluation. 2. An entity considering filing a RICD application may obtain Board and /or public input on the proposal. The Staff will accommodate such requests by developing a preliminary staff recommendation, and by notifying the public by including the item on the next regularly scheduled Board agenda. At an applicant's request, the Board shall allow an entity considering filing a RICD application to present its proposal to the Board at the next regularly scheduled Board meeting, or at any subsequent Board meeting. 4. The Staff and an entity interested in filing a RICD application are encouraged to meet with the individual Board member who represents the basin in which the proposed RICD is located. All RICD proposals developed under the informal process set forth under this policy shall undergo the more formal process outlined in the RICD Rules as adopted by the Board on November 8, 2001, upon the filing of a RICD application. 6. The Staff's informal consultation with an applicant on its RICD proposal shall not commit the Board to the Staff s recommendation. 7. The filing in water court of a RICD application ends the informal process described in the above - mentioned policy and begins the formal process outlined in the RICD Rules as adopted by the Board on November 8, 2001.