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BEFORE THE COLORADO WATER CONSERVATION BOARD <br /> • STATE OF COLORADO <br /> COMMENTS OF THE NORTHERN COLORADO WATER CONSERVANCY <br /> DISTRICT AND ITS MUNICIPAL SUBDISTRICT AND COLORADO SPRINGS <br /> UTILITIES <br /> IN RE: PROPOSED RULES CONCERNING RECREATIONAL IN-CHANNEL DIVERSION <br /> (RICD) <br /> The Northern Colorado Water Conservancy District and it Municipal Subdistrict(Northern <br /> District)and Colorado Springs Utilities (CSU)submit the following comments upon the proposed <br /> rules concerning Recreational In-Channel Diversions (RICD). <br /> INTRODUCTION <br /> The Northern District and CSU submitted comments on September 14,2001. The draft rule <br /> as formally published for comment did not incorporate or respond to a number of those comments. <br /> Hence,to the extent appropriate, some of those comments are reiterated herein. <br /> • The comments which follow are based upon the underlying premise that the rules should <br /> reflect the intent of the legislature as reflected in the language of S.B. 216. To the extent that the <br /> rules can closely correlate with the statutory language,the prospect of potential legal challenges can <br /> be minimized. In addition, as will be noted at the end of these comments, it may be advisable to <br /> further strengthen the Basis and Purpose Statement. In particular,the Basis and Purpose Statement <br /> could address some of the earlier written comments submitted by other parties. <br /> COMMENTS ON PROPOSED RULE <br /> To assist the Board in utilizing these comments,a redlined version of the sections for which <br /> a change is proposed is provided below. In addition, where necessary, explanatory comments are <br /> also included. <br /> 1. Modify Rule 3 as follows: <br /> 3. Statutory Authority. The General Assembly specifically recognized the <br /> appropriation and adjudication of RICDs by local governmental entities;pursuant to sections 37-92- <br /> 102, 37-92-103, & 37-92-305, C.R.S. (2001). The statutory authority for these Rules is found at <br /> section 37-92-102(6)(b)(VI), C.R.S. (2001). Article 10, Title 24, C.R.S. makes certain exceptions <br /> to the sovereign immunity of and contains provisions regarding potential liability of state and local <br /> • C:\DATA\Pifher\Colo Springs\RICD Comments.wpd 1 <br />