Misc documents inside sleeve

• Description: related to RICD Rulemaking 2001
• State: CO
• Date: 11/8/2001
• Author: CWCB
• Title: CWCB RICD Rulemaking 2001
• Water Supply Pro - Doc Type: Board Memo

SANITATION DISTRICT, WATER CONSERVATION DISTRICT, OR WATER •
CONSERVANCY DISTRICT MAY CONTROL WATER IN ITS NATURAL COURSE OR
LOCATION FOR RECREATIONAL IN-CHANNEL DIVERSIONS. THIS DOES NOT
APPLY TO APPLICATIONS FILED PRIOR TO JANUARY 1, 2001.
(10.3) "RECREATIONAL IN-CHANNEL DIVERSION" MEANS THE
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.
SECTION 3. 37-92-305, Colorado Revised Statutes, is amended
BY THE ADDITION OF THE FOLLOWING NEW SUBSECTIONS to
read:
37-92-305. Standards with respect to rulings of the referee and
decisions of the water judge. (13) THE WATER COURT SHALL APPLY THE
FACTORS SET FORTH IN SECTION 37-92-102 (6). ALL FINDINGS OF FACT
CONTAINED IN THE RECOMMENDATION OF THE COLORADO WATER •
CONSERVATION BOARD SHALL BE PRESUMPTIVE AS TO SUCH FACTS,SUBJECT
TO REBUTTAL BY ANY PARTY.
(14) NO DECREE SHALL BE ENTERED ADJUDICATING A CHANGE OF
CONDITIONAL WATER RIGHTS TO A RECREATIONAL IN-CHANNEL DIVERSION.
(15) WATER RIGHTS FOR RECREATIONAL-IN-CHANNEL DIVERSIONS,
WHEN HELD BY A MUNICIPALITY OR OTHERS, SHALL NOT CONSTITUTE A USE
OF WATER FOR DOMESTIC PURPOSES AS DESCRIBED IN SECTION 6 OF ARTICLE
XVI OF THE STATE CONSTITUTION.
(16) IN THE CASE OF AN APPLICATION FOR RECREATIONAL •
IN-CHANNEL DIVERSIONS FILED BY A COUNTY, MUNICIPALITY, CITY AND
COUNTY, WATER DISTRICT, WATER AND SANITATION DISTRICT, WATER.
CONSERVATION DISTRICT,OR WATER CONSERVANCY DISTRICT FILED ON OR
AFTER JANUARY 1, 2001, THE APPLICANT SHALL RETAIN ITS ORIGINAL
PRIORITY DATE FOR SUCH A RIGHT, BUT SHALL SUBMIT A COPY OF THE
APPLICATION TO THE COLORADO WATER CONSERVATION BOARD FOR REVIEW
PAGE 4-SENATE BILL 01-216 •