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

q. Staff. Means the Director and other personnel employed by the Board.
5. Optional Pre - Application Process
Prior to submitting an Application to the water court or to the Board, the Board encourages the
Applicant to meet with Staff to discuss the proposed RICD application and the procedures to be
followed by the Board to review the application. Staff will provide input regarding how the
proposed application can meet the intent of the RICD rules.
6. Submissions Required from an Applicant
Within 30 days after filing an application for a RICD with any water court, an Applicant shall
submit a copy of the application to the Board Office, pursuant to section 37- 92- 102(5), C.R.S..
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 Board has included "sub- factors" under each factor to describe the type of information that
will assist the Board in making its determinations and provide notice to all applicants as to what
evidence is appropriate for consideration in the Board's establishment of its factual findings.
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 sub - factors:
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; [Upper Gunnison River Water
Conservancy District has stated that this Rule is inappropriate and should be
deleted] [The Colorado River Water Conservation District and Pueblo has
stated that this factor is not appropriate because RICDs are non -
consumptive] [Southeastern has stated that this is an appropriate sub - factor]
vii. The effect on other decreed, existing undecreed, or reasonably foreseeable uses of
the amount of water claimed; [Upper Gunnison River Water Conservancy
District has stated that this Rule is inappropriate and should be deleted]
viii. Whether a RICD shields waters from a consumptive use that would otherwise be
available under a particular compact; [SUGGESTED BY DENVER WATER]
ix. Whether beneficial consumptive water use opportunities upstream from the
claimed RICD would further develop Colorado's compact entitlements and would