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• <br /> RECOMMENDED RICD DRAFT RULES-AN ALTERNATIVE PROCESS <br /> RULE 1. TITLE <br /> Rules Concerning Recreational In-Channel Diversions, adopted pursuant to section 37-92-102, <br /> C.R.S. (2001), and hereinafter referred to as the "Rules." <br /> RULE 2. PURPOSE OF RULES <br /> The purpose of these Rules is to set forth the procedures to be followed by the Colorado Water <br /> Conservation Board when making Findings of Fact and recommendations to a water court <br /> regarding Recreational In-Channel Diversions (hereinafter referred to as "RICD"s). <br /> RULE 3. STATUTORY AUTHORITY <br /> The General Assembly specifically recognized the appropriation and adjudication of RICDs by <br /> local governmental entities, pursuant to sections 37-92-102, 37-92-103, & 37-92-305, C.R.S. <br /> (2001). The statutory authority for these Rules is found at section 37-92-102(6)(b)(VI), C.R.S. <br /> (2001). It is the intent of tl -menthe CWCB that the Board's recommendation to the water <br /> court not be binding on the water court, and that the findings of fact contained in the Board's <br /> recommendation be subject to rebuttal by any party to the water court proceedings. The Board <br /> does not intend to finally determine whether and RICD is approved or to adversely affect the <br /> protected rights of any specific individual. <br /> RULE 4. DEFINITIONS <br /> a. Applicant. Means a Local Governmental Entity that has filed a water court application for <br /> a RICD on or after January 1, 2001. <br /> b. Applicant Receipt Date. Means the date that the Board receives a copy of the water court <br /> application for an RICD. <br /> 1 <br />