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• it will conduct under rules. Key element in water right appropriation is intent of <br /> applicant, which is not limited to average experiences by SB 216 (Golden, Breckenridge <br /> and ERWSD) <br /> ' Statute does not define or refer to reasonable recreation experience as being one limited <br /> to people of average skill ability or interest. Definition should be consistent with <br /> definition in statute—amount reasonable for accomplishing purpose of application. <br /> (UGRWCD) <br /> * Reasonable depends on site-specific facts in evidence so average will change with <br /> circumstances. Board can determine `reasonableness' based on application and other <br /> evidence. Board may prefer to be arbitrator of what is `safe' vs. `lawful'. Suggest <br /> wording changes as follows: delete `and interests', add `specific' before recreational <br /> activity and change `lawful' to `safe'. (NCWCD, CSU) <br /> b Section should be deleted—it infringes on water court's authority and is not authorized <br /> by SB 216. Limits potential of RICDs in manner not contemplated by any statute or court <br /> and is beyond CWCB's authority. RICDs could apply to advanced users not just average <br /> ones. (CRWCD). <br /> o. Recreational In-Channel Diversion. Means the minimum stream flowamount efwater <br /> necessary, as it is diverted, captured, controlled, and placed to Rbenefacial Use <br /> between specific points defined by physical control structures pursuant to an water <br /> court application filed by a Local Governmental Entity,for a reasonable recreation <br /> experience in and on the water. <br /> 1+ The Staff recommends altering the definition, as suggested below, to assure that the rules <br /> • comport with the statute. <br /> * Definition materially alters the definition in SB 216. Statute references `stream flow' <br /> while rules reference `amount of water necessary'. Seen as attempt to transform <br /> definition of minimum stream flow of a reach to a limitation on how much water a RICD <br /> can legally use and CWCB does not have authority to dictate amount of water necessary <br /> for a RICD. (CRWCD) <br /> b Improper substi ion_of_`amount_ofwaternecessary' for 'stream-flow'. (Gunnison <br /> County) <br /> b Suggest changing `amount of water necessary' to `stream flow'. Also some grammatical <br /> changes—remove caps on Beneficial Use and deletion of `water court' before <br /> application. (NCWCD, CSU) <br /> p. Staff. Means the Director and other personnel employed by the Board. <br /> S. SUBMISSIONS REQUIRED FROM AN APPLICANT <br /> Within 30 days after filing an application for a RICD with any water court, an Applicant shall <br /> submit a copy of the application to the Board Office,pursuant to section 37-92-102(5), C.R.S. <br /> (2001). <br /> - - c> -Support-expressed for-revision of this section to-conform with SB 216. (CRWCD)-- - <br /> a u a . , a . •. <br /> • <br /> 6 <br />