04SA44 Amici Curiae Brief - Laserfiche WebLink

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In response to the decrees awarding these water rights, the General Assembly passed Senate Bill 216, which defined a water right for RICD purposes by amending the definitions of "beneficial use" and "diversion" in the Water Rights Determination and Administration Act of 1969, §§ 37 -92 -101, et seq., 10 C.R.S. (2003) ( "the 1969 Act "), to include control of water in its natural course or location for "recreational in- channel diversion purposes." §§ 37- 92- 103(4) & The General Assembly did not, however, create an unrestricted right to obtain a decree for RICD purposes. Instead, the General Assembly carefully defined an RICD as: [T]he minimum stream flow as it is diverted, captured, controlled, and placed to beneficial use between specific points defined by physical control structures pursuant to an application filed by a county, municipality, city and county, water district, water and sanitation district, water conservation district, or water conservancy district for a reasonable recreation experience in and on the water. § 37- 92- 103(10.3) (emphasis added). Further, the General Assembly imposed new requirements before a decree adjudicating a water right for an RICD may be entered by the water judge. Applicants — who are limited to certain governmental entities — must submit a copy of their applications for review by the Colorado Water Conservation Board, § 37- 92- 102(5), which must make findings of fact and a final recommendation as to whether the application should be granted, granted with conditions, or denied, based on six factors: (I) Whether the adjudication and administration of the recreational in- channel diversion would impair the ability of Colorado to fully develop and place to consumptive beneficial use its compact entitlements; (II) The appropriate reach of stream required for the intended use; (III) Whether. there is access for recreational in- channel use; 12