Appendix A: CWCB Rules

• Description: Durango RICD
• State: CO
• Basin: San Juan/Dolores
• Water Division: 7
• Date: 1/1/3000
• Author: CWCB
• Title: Appendix A: CWCB Rules
• Water Supply Pro - Doc Type: Court Documents

7. Required Findings
The board is required to make certain factual findings relative to each RICD application. § 37-
92- 102(6), C.R.S. The statutory definition of RICD requires that the applicant claim only the
minimum stream flow, that the flow would be used for a reasonable recreation experience in and
on the water, and that the flow be diverted, captured, controlled, and placed to beneficial use.
The required findings on factors are:
a. Whether the adjudication and administration of the RICD, in the amounts claimed, would
impair the ability of Colorado to fully develop and place to consumptive beneficial use its
compact entitlements. The board, in making this finding, may consider, but is not limited
to, the following:
i. The amount and location of remaining unappropriated compact entitlement waters
in the basin in question and at the RICD point of diversion;
ii. The proximity of the RICD to the state line;
iii. The proximity of the RICD to suitable upstream points of diversion or storage
which may be utilized by those who would place the water to consumptive
beneficial use;
iv. The existence of suitable downstream points of diversion or storage for
consumptive beneficial uses before the water leaves the state;
V. Exchange opportunities within the state that may be adversely impacted by the
existence of the RICD;
vi. Whether the basin is over - appropriated;
vii. The effect on other decreed, existing undecreed, or reasonably foreseeable uses of
the amount of water claimed;
viii. Whether a RICD shields waters from a consumptive use that would otherwise be
available under a particular compact;
ix. Whether beneficial consumptive water use opportunities upstream from the
claimed RICD would further develop Colorado's compact entitlements and would
be impaired by applicant's sought for stream flow amounts; and..
X. What provisions in the application are proposed for reducing or canceling the
RICD?
b. Whether the RICD appropriation is for an appropriate reach of stream for the intended
use. The board, in making this finding, may consider, but is not limited to, the following:
i. The nature of the identified reasonable recreational experience for which the
RICD is sought;
ii. The length of the proposed RICD reach;
iii. Whether the RICD can be adequately measured and administered through the
proposed reach;
iv. Whether the applicant has complied with all federal and state statutes and
regulations regarding flooding, flood control, the one - hundred year flood
elevations, and river channel manipulation, or whether the applicant agrees to
include a term and condition in the decree that it will comply with all federal and
state statutes and regulations regarding flooding, flood control, the one - hundred
year flood elevations, and river channel manipulation;
V. Whether the RICD in its proposed location can adequately pass all flows up to
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