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HI - <br />Recreational In- Channel Diversion Rules <br />-� 1. 'Title <br />Rules Concerning Recreational in- Channel Diversions, adopted pursuant to section 37 -92 -102, <br />C.R.S., and hereinafter referred to as the "RICD Rules." <br />2. Purpose of Rules <br />' The purpose of these rules is to set forth the procedures to be followed by: 1) applicants for <br />Recreational In- Channel Diversions (hereinafter referred to as "RICDs "); and 2) the Colorado <br />Water Conservation Board (hereinafter referred to as "board ") when making Findings of Fact <br />L� and recommendations to a water court regarding RICDs . In addition, the purpose of these rules <br />is to provide guidance about the type of information that will assist the board in making its <br />Findings and recommendation to the water court. The board has incorporated into these rules, the <br />n statement of basis and purpose prepared and adopted at the time of the rulemak.ing. These rules <br />[J will supercede the RICD Rules adopted on November 8, 2001, codified at 2 CCR. 408 -3, and <br />they are intended to apply to applications that will be reviewed by the board after the effective <br />date of these rules. However, they will not apply to applications that have already been reviewed <br />by the CWCB, even if the CWCB may conduct further reviews (i.e. the applications of the Upper <br />Gunnison River Water Conservancy District and Chaffee County). <br />3. Statutory Authority <br />The General Assdinbly specifically recognized the appropriation and adjudication of RICDs by <br />local governmental entities, pursuant to sections 37 -92 -102, 37 -92 -103, & 37 -92 -305, C.R.S. <br />l The statutory authority for these rules is found at section 37- 92- 102(6)(b)(VI). C.R.S. By <br />l I promulgating these rules, the board assumes no liability related to RICDs and expressly does not <br />waive its sovereign immunity under Article 10, Title 24, C.R.S. <br />4. Definitions <br />a. Applicant. Means a local governmental entity that has filed a water court application for a <br />RICD on or after January 1, 2001. <br />b. Application Receipt Date. Means the date that the board receives a copy of the RICD <br />application. <br />c. Application. A water court application filed with the CWCB for consideration under <br />these rules. <br />d. Beneficial Use. is defined as stated in Section 37- 92- 103(4), C.R.S., which is <br />incorporated herein by reference. <br />e. Board. Mean.s the Colorado 'Water Conservation Board as defined in sections 37 -60 -101, <br />103 and 104, C.R.S. <br />is Board's Office. Means the Colorado Water Conservation I3oard's office, located at 1313 <br />Sherman Street, 7th Floor, Denver, CO 80203. The phone number is (303) 866 - 3441. <br />The facsimile number is (303) 866 -4474. The board's website is <br />http: /.. %wrww.eweb.state.co.us. <br />g. Compact Entitlements. Means all of Colorado's water entitlements pursuant to interstate <br />compacts, equitable apportionments, supreme court rulings designating water <br />apportionments, or any other legally recognized designation of apportionment of <br />interstate waters. <br />1 <br />I <br />