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By promulgating these Rules, the Board assumes no liability related to <br /> • RICDs and expressly does not waive its sovereign immunity under Article 10, Title 24, C.R.S. <br /> COMMENT: The deleted sentence is simply unnecessary and may be found confusing. <br /> 2. Rule 4.c.,defines"beneficial use." It is suggested that the Board simply quote C.R.5.37-92- <br /> 103(4). In particular,the use of ellipsis in a regulatory definition would be very unusual,especially <br /> when the reader does not know what has been deleted. The last sentence of the proposed rule,which <br /> simply incorporates by reference the definition as found in the statute, is redundant. As suggested <br /> above, the Board should simply quote the statute in its entirety or, if it so desires, simply cross- <br /> reference the statute. <br /> 3. Modify Rule 4.h as follows: <br /> 4.h. Findings of Fact and Recommendation. Means the written findings of the <br /> Board regarding based upon a consideration of the factors set out in section 37-92- <br /> 102(6),C.R.S. (2001)and the these RICD Rules and the written recommendation of <br /> the Board to the water court as to whether an application for a RICD should be <br /> granted, granted with conditions, : -: • - . - .•- . ' -:•- •: - : - . . <br /> prevision, or denied. <br /> COMMENT: The first two suggested modifications simply add clarity. The final deletion is <br /> dip suggested in order to keep the definition consistent with the statute. The statute says nothing about <br /> granting with retained jurisdiction or a re-opener provision. If the Board decided it wanted to make <br /> such a suggestion to the water court,these recommendations would simply fall into the category of <br /> "conditions" attached to the grant and hence are included within the phrase "granted with <br /> conditions." <br /> 4. Modify Rule 4.j. as follows: <br /> 4.j. Instream Flow (hereinafter referred to as "ISF"). Means any water, water <br /> rights or interests in water appropriated or acquired by the Board,pursuant to section <br /> 37-92-102(3) , C.R.S. (2001)1 for the preservation of the natural environment to a <br /> reasonable degree. Pursuant to section 37-92-102(3),C.R.S.(2001)1 no other person <br /> or entity may appropriate such rights, for any purpose whatsoever, in the State. <br /> COMMENT: The phrase "in the State" is unnecessary and confusing. Is it intended to modify <br /> "person" or"rights" or"purpose"? <br /> 5. Modify Rule 4.k. as follows: <br /> 4.k. Local Governmental Entity. Means an entity authorized to make <br /> appropriations for an RICD doses and includes a county, municipality, city and <br /> • C:\DATA\either\Colo Springs\RICD Comments.wpd 2 <br />