Laserfiche WebLink
• county, water district, water and sanitation district, water conservation district, or <br /> water conservancy district existing in the State of Colorado. <br /> 6. Modify Rule 4.n: <br /> 4.n. Reasonable Recreation Experience. Means an experience in and on the <br /> water that would allow individuals of average skills and abilities and-interests <br /> relating to the specific recreational activity for which a decree is sought to enjoy that <br /> activity in a lawful-safe manner. <br /> COMMENT: What constitutes a"reasonable recreation experience"will depend on the particular <br /> site-specific facts in evidence. For example,it is possible that a local governmental entity may want <br /> to develop a course which caters to world championship events in which "experts" participate. <br /> Hence,a greater flow regime may be necessary for times when that course is in use,though the entity <br /> may not be in a position to place a call (as there is no demand for such flows)at other times. What <br /> constitutes"average"skills and abilities will thus also change with the circumstances. In addition, <br /> the Board may not want to be the arbiter of what constitutes enjoyment of an activity in a"lawful" <br /> manner, as compared to what is considered "safe." In summary, the Board can determine the <br /> "reasonableness"of the recreational experience based upon the application and other evidence in the <br /> record as applied to the statutory criteria. <br /> 7. Modify Rule 4.o. as follows: <br /> 4.o. Recreational In-Channel Diversion. Means the minimum swat_. <br /> ncccssary stream flow, as it is diverted, captured, controlled, and placed to <br /> $beneficial Uuse between specific points defined by physical control structures <br /> pursuant to a- r •T an application filed by a Local Governmental Entity, for a <br /> reasonable recreation experience in and on the water. <br /> COMMENT: The modifications are simply intended to track the statutory language. <br /> 8. Delete Rule 6 ("Required Determinations"). <br /> COMMENT: Pursuant to S.B. 216, the Board is to make findings of fact and a final <br /> recommendation. Rule 7 references the "required findings." It is unclear why there now is a new <br /> category labeled"Required Determinations." The particular"determinations"identified in proposed <br /> Rule 6.a. and 6.b. could simply be incorporated into Rule 7. For example,Rule 6.d.could be added <br /> as one of the factors under Rule 7.b.,though the Northern District and CSU would suggest that the <br /> phrase"between specific points"be added after the word"location,"so as to more clearly mimic the <br /> statute. Finally,Rule 6.a. may fit under Rule 7.a. In the alternative, a new subparagraph could be <br /> added under Rule 7 designed to address those factors identified by the Board pursuant to section 37- <br /> 92-102(b)(VI), i.e., "such other factors as may be determined appropriate for evaluation of <br /> recreational in-channel diversions... ." Finally,the Northern District and CSU do not believe that <br /> • C:\DATA\Pifher\Colo Springs\RICD Comments.wpd 3 <br />