RICD Rules

• Description: RICD Rules with suggested changes by Pueblo and Gunnison
• State: CO
• Basin: Statewide
• Title: RICD Rules with suggested changes by Pueblo and Gunnison
• Water Supply Pro - Doc Type: Operating Principles/Plan

Recreational In- Channel Diversion Rules
I. Title
Rules Concerning Recreational In- Channel Diversions, adopted pursuant to section 37 -92 -101.
C.R.S., and hereinafter referred to as the "RICD Rules."
2. Purpose of Rules
The purpose of these Rules is to set forth the procedures to be followed by: 1) Applicants for
Recreational In- Channel Diversions; and 2) the Colorado Water Conservation Board when
making Findings of Fact and recommendations to a water court regarding Recreational In-
Channel Diversions (hereinafter referred to as "RICDs "). In addition, the purpose of these Rules
is to provide guidance about the type of information that will assist the Board in making its
findings and recommendation to 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 supercede the RICD Rules adopted on November 8, 2001, codified at 2 CCR 408 -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 are not intended to apply to 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 County).
3. Statutory Authority
The General Assembly specifically recognized the appropriation and adjudication of RICDs by
local governmental entities, pursuant to sections 37 -92 -102, 37 -92 -103, & 37 -92 -305, C.R.S.
The statutory authority for these Rules is found at section 37- 92- 102(6)(b)(VI), C.R.S. By
promulgating these Rules, the Board assumes no liability related to RICDs and expressly does
not waive its sovereign immunity under Article 10, Title 24, C.R.S.
4. Definitions
a. Applicant. Means a Local Governmental Entity that has filed a water court application for
a RICD on or after January 1, 2001.
b. Application Receipt Date. Means the date that the Board receives a copy of the RICD
application.
c. Application. A water court application filed with the CWCB for consideration under
these Rules.
d. Beneficial Use. Is defined as stated in Section 37- 92- 103(4), C.R.S., which is
incorporated herein by reference.
e. Board. Means the Colorado Water Conservation Board as defined in sections 37 -60 -101,
103 and 104, C.R.S.
f. Board's Office. Means the Colorado Water Conservation Board's office, located at 1313
Sherman Street, 7th Floor, Denver, CO 80203. The phone number is (303) 866 -3441.
The facsimile number is (303) 866 -4474. The Board's website is
http: / /www.cwcb.state.co.us
g. Compact Entitlements. Means all of Colorado's water entitlements pursuant to interstate
compacts, equitable apportionments, Supreme Court rulings designating water
apportionments, or any other legally recognized designation of apportionment of
interstate waters.