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BEFORE THE COLORADO WATER CONSERVATION BOARD <br /> STATE OF COLORADO <br /> REGULATORY ANALYSIS OF PROPOSED RULES CONCERNING <br /> RECREATION IN-CHANNEL DIVERSIONS <br /> The Administrative Procedure-Act provides that any person can request a regulatory <br /> analysis of"a proposed rule." § 24-4-103(4.5), C.R.S. The Colorado Water Conservation Board <br /> ("CWCB")published proposed Rules Concerning Recreational In-Channel Diversions ("RICD <br /> Rules") in the October 10, 2001 Colorado Register. Pursuant to the provisions of section 24-4- <br /> 103, C.R.S. (2001),the Staff of the Colorado Water Conservation Board,through its attorneys, <br /> provides the following regulatory analysis in response to Gunnison County's request dated <br /> October 16, 2001. <br /> (I) A description of the classes of persons who will be affected by the <br /> proposed rule, including classes that will bear the costs of the proposed <br /> rule and classes that will benefit from the proposed RICD Rules <br /> The classes of persons to be affected will be local governmental entities that have applied <br /> to water court for recreational in-channel diversions ("RICDs") and entities that oppose such <br /> water rights applications. All such entities may bear costs and may benefit from the proposed <br /> RICD Rules. <br /> (II) To the extent practicable, a description of the probable quantitative <br /> and qualitative impact of the proposed rule, economic or otherwise, upon <br /> affected classes of persons <br /> The qualitative impact of the proposed RICD Rules is that the Rules provide a framework <br /> for analyzing the feasibility of proposed RICDs and their potential impacts in the early stages of <br /> water court proceedings. <br /> (III) The probable costs to the agency and to any other agency of the <br /> implementation and enforcement of the proposed rule and any <br /> anticipated effect on state revenues <br /> The probable costs to the CWCB of implementing the proposed RICD Rules will be <br /> negligible, as the CWCB participates in all water court proceedings involving RICDs. <br /> (IV) A comparison of the probable cost and benefits of the proposed rule <br /> to the probable costs and benefits of inaction <br /> Because the proposed RICD Rules will provide guidance to both the CWCB and to RICD <br /> applicants regarding the process the CWCB will follow in making its findings and <br /> recommendation to the water court,the probable costs of inaction, which would result in <br />