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h. Director. Means the Director of the Colorado Water Conservation Board, who is the
<br />chief administrative head of the Board, under the direction and supervision of the Board,
<br />and who has general supervision and control of all its activities, functions, and
<br />employees.
<br />i. Findings of Fact and Recommendation. Means the written factual findings of the Board
<br />regarding the factors set out in section 37- 92- 102(6), C.R.S. and the RICD Rules and the
<br />written recommendation of the Board to the water court as to whether an application for a
<br />RICD should be granted, granted with conditions, or denied.
<br />j. Hearing Coordinator. Means the person appointed by the Director to be responsible for
<br />establishing the procedures, to the extent not otherwise set forth herein, which will
<br />govern the conduct of any public hearing on a RICD.
<br />k. Instream Flow (hereinafter referred to as "ISF "). Means any water, water rights or
<br />interests in water appropriated or acquired by the Board, pursuant to section 37 -92-
<br />102(3), C.R.S., for the preservation of the natural environment to a reasonable degree.
<br />Pursuant to section 37 -92- 102(3), C.R.S., no other person or entity may appropriate such
<br />rights, for any purpose whatsoever.
<br />1. Local Governmental Entity. Means a Colorado entity authorized to appropriate a RICD
<br />and includes a county, municipality, city and county, water district, water and sanitation
<br />district, water conservation district, or water conservancy district.
<br />m. Party. Means any person who has filed a statement of opposition to a RICD, or any
<br />person who has filed for party status pursuant to Rule 10 of the RICD Rules.
<br />n. Person. Means an individual, a partnership, a corporation, a municipality, the state of
<br />Colorado, the United States, or any other legal entity, public or private.
<br />o. Reasonable Recreation Experience. "At a minimum, merely floating a kayak could be a
<br />reasonable recreation experience on some reaches, while at a maximum, a world -class
<br />expert course requiring nearly the entire flow of a given stream could be reasonable. By
<br />implication, the reasonableness of an appropriator's sought recreation experience is
<br />directly related to the available, unappropriated stream flow, thereby depending entirely
<br />upon the river basin on which it is sought. Consequently, not all rivers and streams in the
<br />state may support world -class whitewater courses despite a particular appropriator's
<br />intent, and some may have so little available flow that only floating a kayak would be
<br />reasonable.... the water court must first determine whether the appropriation sought by
<br />the application, viewed objectively, is for a reasonable recreation experience in and on
<br />the water —more specifically, are the requested flow amounts reasonable on the particular
<br />stream. This determination necessarily will vary from application to application,
<br />depending on the stream involved and the availability of water within the basin."
<br />"Thus,... in an over appropriated stream basin, for example, it likely would not be
<br />objectively reasonable to have a world -class or championship level whitewater course,
<br />but it might be objectively reasonable to have a more leisure oriented course." Colorado
<br />Water Conservation Bd. v. Upper Gunnison, 109 P.3d 585 (Colo. 2005).
<br />p. Recreational In- Channel Diversion. Means "the minimum stream flow as it is diverted,
<br />captured, controlled, and placed to beneficial use between specific points defined by
<br />physical control structures pursuant to an application filed by a county, municipality, city
<br />and county, water district, water and sanitation district, water conservation district, or
<br />water conservancy district for a reasonable recreation experience in and on the water."
<br />§ 37- 92- 103(10.3), C.R.S. (2004).
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