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

xii. Whether the RICD has, or will have, the minimum average slope appropriate for
the identified Reasonable Recreation Experience sought. [TU opposed to Rules
v -xvi because it these imply that structures must be build and /or designed
prior to obtaining a water right which is contrary to the concept of a
conditional water right. TU also opposed to threshold values as needing
variety depending on the recreational opportunity being sought (slalom v.
rodeo kayaking for example] [Pueblo has stated that this rule goes beyond
the CWCB's authority] [Steamboat and Chaffee County consortium has
stated that this rule is outside of the CWCB's expertise and will lengthen the
amount of time RICD hearings will take] [The Upper Gunnison River Water
Conservancy District has stated that this rule is beyond the Board's
authority]
c. Whether there is access for recreational in- channel use. The Board, in making this
finding, may consider, but is not limited to, the following:
i. The nature and extent of the access required for the identified Reasonable
Recreation Experience for which a RICD is being sought;
ii. The ownership, leasehold, or other legal interest held by or available to the
Applicant for purposes of obtaining access; and,
iii. Any impediments to the Applicant obtaining access necessary for the intended
identified Reasonable Recreation Experience.
d. Whether the exercise of the RICD would cause material injury to existing ISF water
rights. The Board, in making this finding, may consider, but is not limited to, the
following:
i. The nature and extent of the ISF in the proposed reach or any affected
downstream reach;
ii. The timing and duration of the RICD as such may relate to the specific use which
is the basis for the ISF;
iii. Whether the RICD, or administration of the RICD, would negatively impact the
natural environment for which the ISF was decreed; and,
iv. Whether during the construction of the RICD structures, the construction may
cause material injury to the ISF or the natural environment that the ISF protects.
e. Whether the adjudication and administration of the RICD, in the amounts claimed, would
promote— maximum utilization of the waters of the State. The Board, in making this
finding, may consider, but is not limited to, the following:
i. Whether there are any probable future upstream junior appropriations for direct
diversion or storage; [The Upper Gunnison River Water Conservancy District
has stated that this rule should be deleted or moved to Rule 7.a]
ii. Whether there are any probable future changes, transfers, or exchanges of water
rights from points of diversion downstream of the reach affected by the RICD to
points upstream of or in the reach affected by the RICD; [The Upper Gunnison
River Water Conservancy District has stated that this rule should be deleted
or moved to Rule 7.a]
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