River Protection Workgroup Initial River Protection Tools/Mechanisms

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or mine waste. This standard is applied to streams in wilderness areas and is also in place in the Hermosa Creek drainage, with the exception of the East Fork. IX. Recreational In- Channel Diversions ("RICW ): After the Colorado Supreme Court in the Golden case in 2003 determined that the City of Golden's boat chutes were diversions, so that they did not violate the Colorado Water Conservation Board's sole authority to hold an instream flow water right, followed by other cases defining in- channel diversions, the Colorado legislature enacted the RICD law in 2001, as modified in 2006. An RICD is the minimum amount of stream flow, as controlled and placed to beneficial use between specific stream points, defined by control structures, pursuant to an application filed in water court by certain public entities for a reasonable recreation experience in and on the water from April 1 to Labor Day of each year, unless the applicant can demonstrate that there will be demand for the reasonable recreation experience on additional days. An RICD is limited to one specified flow rate for each time period shorter than fourteen days, unless the applicant can demonstrate a need for a shorter time period. There is a presumption that there will not be material injury to an RICD water right from subsequent appropriations or changes of water rights if the effect on the RICD caused_ by such appropriations or changes does not exceed one -tenth of one percent of the lowest decreed rate of flow for the RICD as measured at the RICD and the cumulative effects on the RICD caused by such appropriations or changes do not exceed two percent of the lowest decreed rate of flow for the RICD measured at the RICD. The owner of a water right for an RICD may not call for water that has been lawfully stored by another appropriator. X. U.S. Bureau of Land Management ( "BLM ") and U.S. Forest Service ("USFS") Land Management Plans ( "LMPs "): USFS and BLM land use planning establishes broad guidance for the project and activity decision - making needed to manage the public lands. All projects and activities authorized by the BLM and the USFS must be consistent with the relevant USFS LMPs or BLM Resource Management Programs, practices, uses, and protection measures. (16 USC 1604 (i), 43 CFR 1601.5 -3) A project or activity is considered consistent with a LMP if it is consistent with plan decisions, as described below. If a project or activity is inconsistent with a LMP, the Responsible Official may: (1) modify the proposal so the project or activity is consistent; (2) reject the proposal; or (3) amend the LMP contemporaneously with the approval of the project or activity so that the project or activity is consistent with the LMP, as amended. The amendment may be limited to apply only to a specific project or activity. Rivers and their related values may be affected by a number of decisions that might be incorporated into a LMP. The key decisions typically made in LMPs include: 1. Establishment of (a) desired outcomes, including multiple -use goals and objectives; (b) management requirements, including measures or criteria to be applied to guide day -to -day activities; (c) monitoring and evaluation requirements; and (d) community and evaluation requirements and management area direction, including identifying allowable uses, and/or allocations, restrictions, and prohibitions, often done C