Comments of Staff of the Colorado Water Conservation Board on Proposed Rules COncerning RICD August 2005

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BEFORE THE COLORADO WATER CONSERVATION BOARD STATE OF COLORADO COMMENTS OF STAFF OF THE COLORADO WATER CONSERVATION BOARD ON PROPOSED RULES CONCERNING RECREATION IN- CHANNEL DIVERSIONS The Staff of the Colorado Water Conservation Board ("Staff') has proposed suggested revisions to its Recreational In- Channel Diversion Rules ( "RICD Rules ") as directed by the Board at its May 2005 meeting. These proposed changes, along with a Notice of Rulemaking, have been published in accordance with Colorado law. The Staff has only two additional comments or suggested changes at this time. First, Rule 7 has two "Y's, and the second "h" should be changed to the letter "i ". Second, at the July Board meeting the CWCB Staff presented information received from the Colorado Board of Licensure for Professional Engineers and Professional Land Surveyors ( "Professional Engineers Board "). (See Memo and attachments for Agenda Item 18 of the July 2005 Board meeting, available on the CWCB's website). According to the Professional Engineers Board, RICDs are works of engineering, and a professional engineer should design RICD structures and a professional engineer should seal the design drawings. The CWCB staff suggests that the rules add a letter "j" that reads as follows: "An additional factor that is determined to be appropriate for evaluation of RICDs, pursuant to section 37- 92- 102(6)(b)(VI), is whether the RICD has been designed by a professional engineer, and whether a professional engineer has sealed the design drawings for the RICD structures. The Board should consider these factors in determining the RICD should be granted, denied or granted with conditions." For written testimony, exhibits, and comments, the Staff submits each of the currently adopted rules and policies of the Board regarding RICDs, and also the attachments, references, and appendices attached to or cited in those rules and policies. Each of these documents is available on the CWCB's website, under the RICD page, or upon written request. The Staff will publish all comments received on the proposed RICD Rules on the CWCB's website. Once the Staff reviews all of the proposed comments, the Staff may provide additional guidance to the Board, for consideration by the Board, at the September 12, 2005 rulemaking hearing. At this time, the Staff intends to briefly explain the proposed RICD Rules and to address comments on the Rules submitted to the Board by interested parties. Respectfully submitted this 30th day of August, 2005. Ted Kowalski, RICD Program Manager