Laserfiche WebLink
RECREATIONAL IN-CHANNEL S <br />Rules and Regulations <br />Statement of Basis and Purpose <br />Statement of Basis and Purpose for CWCB Recreational In-Channel Diversion Rules: <br />l. These rules are promulgated to carry out the authority and responsibilities ofthe <br />Colorado Water Conservation Board ("the board*' or "CWCB*') pursuant to sections 37- <br />92-102&37-92-103 &37-92-305,C.BL.S.(l001) and 37-92-|02(6)(h),C.BLS. (2005) <br />concerning Recreational In-Channel Diversions (°RICDx"). 'The 20Ol rules have been <br />updated to address pertinent findings and conclusions by the Colorado Supreme Court in <br />Colorado Water Conservation Board v. Upper Gunnison River Water Conservancy <br />District, 1099.3d505 (Colo. 2005). <br />2. Iu20Ol` the General Assembly enacted Senate Bill 2l6(^^SB216") to establish u <br />procedure for the adjudication ofRJCC}sby local governments. 8E|2l6 gives the CVyCE\ <br />the responsibility to review applications for recreational in-channel diversions and to <br />submit its fiudingmand roonnunouuddiono thereon to the water court prior tothe entry of <br />any decree. The General Aaoeruh|y set forth five statutory factors for consideration hy <br />the CYVCB and the water courts in determining whether an RICD application should be <br />granted, <br />granted with conditions, or denied. 8B')7-92-l02'6)(b)&37-92-305(l3),C.R.Q. <br />'2004). SQ2l6 requires that the water court not only consider the recommendations of <br />the CWCB relative to the grant or denial of the application, but that the court opeuifiuu|]v <br />take into account the criteria set forth iu section 97-92-102(6)(b). 8§ 37-92-102(6)(h) & <br />317-92-305(13). <br />3 lond�i�ouhncotob/imb�u���o�nm�c �uuncnmok for the coonidoru�oon[RJCI} <br />applications by the board. these rules identify other factors adopted by the board for <br />consideration that aid in the analysis of whether the claimed water right is appropriate <br />under the particular fbo1uo| circumstances. <br />4. These rules also provide guidance about the type ofiofbmootiou that will assist <br />the Board in making its findings and recommendation to the wetter court as it considers <br />the statutory factors set forth iu section 37-92-\02(0)(b). Because these statutory factors <br />are broad. they require extensive analysis. To assist the board in making its findings and <br />recommendation to the water court concerning the statutory factors, the rn|co inobu}c <br />°sub-fboLom" under each major atuintory back)c In the board's opinion, these aob-fbcLoru <br />are important k) the resolution oftbestatutory factors. The sub-factors provide notice to <br />a|| opp|icouix as to what issues should be addressed to meet the ma 'oratututu,yfactors. <br />Forcsump|m,socneof1hcsob-5actooeotnh|ishccitnziagovtoningsnohdivocaionm.mnohos <br />appropriate times of day, seasons of use, and lengths of reaches so that there are objective <br />benchmarks for 'ud8in� the propriety o[ such appropriations. <br />�. <br />The court inGunnison. citing legislative history. noted tbai^^^tbe ultimate policy <br />question` was how much water is needed for legitimate recreational purposes because <br />vvbitowotorcoomen can be designed to use water at OAv cfs and they can probably be <br />