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CWCB RICD Rulemaking 2001
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CWCB RICD Rulemaking 2001
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Last modified
2/1/2017 1:33:44 PM
Creation date
11/11/2015 10:39:14 AM
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Water Supply Protection
Description
Documents related to RICD Rulemaking 2001
State
CO
Basin
Statewide
Date
11/8/2001
Author
CWCB
Title
CWCB RICD Rulemaking 2001
Water Supply Pro - Doc Type
Board Memo
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h. Findings of Fact and Recommendation. Means the written findings of the Board <br /> • regarding the factors set out in section 37-92-102(6), C.R.S. (2001) and the RICD <br /> Rules and the written recommendation of the Board to the water court as to whether an <br /> application for a RICD should be granted, granted with conditions, <br /> • . . . • . , • • . . • , or denied. <br /> *► The Staff recommends deleting the language, as indicated, because the Board may <br /> recommend these terms to the water court as conditions, in response to the comments <br /> below. <br /> c Wording changes suggested for clarity ("regarding the factors" to based upon a <br /> consideration of the factors and the RICD rules to these RICD rules). Remove "granted <br /> with a retained jurisdiction or re-opener provision "because SB does not reference such <br /> recommendation and would fall under category of conditions attached to grant." <br /> (NCWCD, CSU) <br /> b Attempts to transform CWCB's findings into findings of fact. SB 216 does not refer <br /> findings of fact as opinion or interpretation of policy matter is not a finding of fact. <br /> Improper to attempt to impose retained jurisdiction on new appropriations (only applies <br /> to plans of augmentation and changes of water rights). (CRWCD) <br /> Hearing Coordinator. Means the person appointed by the Director to be responsible for <br /> establishing the procedur&L.ndes, to the extent not otherwise set forth herein, which ,. <br /> will govern the conduct of any public hearing on a RICD. <br /> 1+ The Staff recommends keeping this definition as it is because there is a need for a hearing <br /> coordinator to facilitate the procedural issues. <br /> • b As defined, authorizes hearing coordinator to establish substantive requirements without <br /> guidance or oversight. Comment specifically states that authorizes hearing coordinator to <br /> establish additional procedural rules on ad hoc basis without rule making, which <br /> compounded with inclusion as procedure the creation of substantive polices and review <br /> criteria,violates `need,' `statutory authority I& II" and `clarity' tests as well as basic <br /> requirements of notice, fair hearing and public rule-making. (Gunnison County) <br /> j. Instream Flow (hereinafter referred to as `1SF"). Means any water, water rights or <br /> interests in water appropriated or acquired by the Board,pursuant to section 37-92- <br /> 102(3), C.R.S. (2001);for the preservation of the natural environment to a reasonable <br /> degree. Pursuant to section 37-92-102(3), C.R.S. (2001)no other person or entity may <br /> appropriate such rights,for any purpose whatsoever-Tin-the-State. <br /> 1* The Staff recommends accepting part of the proposed changes to clarify the ule. <br /> 4 Grammatical changes—add comma and `the' after `C.R.S. (2001), for'. Remove `in the <br /> State' from end as unnecessary and confusing. (NCWCD, CSU) <br /> b Remove last sentence of definition as it is unnecessary to definition. (NWCCOG-QQ) <br /> k. Local Governmental Entity. Means an entity authorized to make-appropriateiens for-a_ <br /> RICD-purposes and includes a county,-municipality, city and county, water district, <br /> water and sanitation district, water conservation district, or water conservancy district <br /> t► The Staff recommends making the proposed changes to clarify the rule and closely track <br /> • the statute. <br /> 4 <br />
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