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diversions, such as additional guidance upon the appfepriate time of day, season of <br /> 3. The law bestows upon the CWCB the obligation to review applications for <br /> recreational in-channel diversions and to submit its recommendations thereon to the <br /> water court prior to the entry of any decree therefor. It provides statutory criteria for <br /> the CWCB to follow in fulfilling such responsibility. It requires that the water court <br /> not only consider the recommendations of the CWCB relative to the grant or denial of <br /> the application,but that the court specifically take into account the criteria set forth in <br /> section 37-92-102(5)(b), including as may be subsequently supplemented by the <br /> CWCB through rulemaking. <br /> Finally, nothing in S.B. 216 herein is intended to create a water right which did not <br /> affect any pending challenges to applications for rights of this nature to the extent such <br /> challenges are found to be meritorious under existing law. Further, nothing herein is <br /> intended to modify the rights of owners of real property, including the beds and banks of <br /> streams, as such may now exist. <br /> It is the intention of the CWCB that its review of applications for RICDs be a cooperative <br /> and collaborative effort between the CWCB and an applicant. The CWCB encourages <br /> applicants to initiate working with the CWCB before a formal application is filed so that • <br /> any concerns of the CWCB can be discussed and worked out, if possible, before the S.B. <br /> 216 timelines begin. <br />