LEG00163

• Bill Number: SB06-037
• Year: 2006
• Title: Concerning the adjudication of recreational in-channel diversions.
• Legislation - Doc Type: Other CWCB Related Bills - Passed

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TERM IS DEFINED IN SECTION 12-25-102, C.R.S" OR UNDER THE DIRECT
SUPERVISION OF A PROFESSIONAL ENGINEER, AND CONSTRUCTED SO THAT IT
WILL OPERA TE EFFICIENTLY AND WITHOUT WASTE TO PRODUCE THE
INTENDED AND SPECIFIED REASONABLE RECREATION EXPERIENCE.
CONCENTRATION OF RIVER FLOW BY A CONTROL STRUCTURE CONSTITUTES
CONTROL OF WATER FOR A RECREATIONAL IN-CHANNEL DIVERSION.

(7) "Diversion" or "divert" means removing water from its natural
course or location, or controlling water in its natural course or location, by
means of a CONTROL STRUCTURE, ditch, canal, flume, reservoir, bypass,
pipeline, conduit, well, pump, or other structure or device; except that, ON
AND AFTER JANUARY 1,2001, only a county, municipality, city and county,
water district, water and sanitation district, water conservation district, or
water conservancy district may FILE AN APPLICATION TO control water in its
natural course or location BY MEANS OF A CONTROL STRUCTURE for
recreational in-channel diversions. This docs not apply to applicatiuu;, f.lcd
pliO! to Janualy 1,2001.

(10, I) "REASONABLE RECREATION EXPERIENCE" MEANS THE USE OF
A RECREATIONAL IN.CHANNEL DIVERSION FOR, AND LIMITED TO,
NONMOTORIZED BOATING, OTHER RECREATIONAL ACTIVITIES MAY OCCUR
BUT MAY NOT SERVE AS EVIDENCE OF A REASONABLE RECREATION
EXPERIENCE,

(10,3) "Recreational in-channel diversion" means the minimum
AMOUNT OF stream flow as it is diverted, captured, controlled, and placed
to beneficial use between specific points defined by phy;,iGal control
structures pursuant to an application filed by a county, municipality, city
and county, water district, water and sanitation district, water conservation
district, or water conservancy district for a reasonable recreation experience
in and on the water FROM APRIL I TO LABOR DAY OF EACH YEAR UNLESS
THE APPLICANT CAN DEMONSTRATE THAT THERE WILL BE DEMAND FOR THE
REASONABLE RECREATION EXPERIENCE ON ADDITIONAL DAYS. THE
RECREATIONAL IN-CHANNEL DIVERSION SHALL BE LIMITED TO ONE SPECIFIED
FLOW RATE FOR EACH TIME PERIOD CLAIMED BY THE APPLICANT,
INDIVIDUAL TIME PERIODS SHALL NOT BE SHORTER THAN FOURTEEN DAYS
UNLESS THE APPLICANT CAN DEMONSTRATE A NEED FOR A SHORTER TIME
PERIOD, THERE SHALL BE A PRESUMPTION THAT THERE WILL NOT BE
MATERIAL INJURY TO A RECREATIONAL IN-CHANNEL DIVERSION WATER
RIGHT FROM SUBSEQUENT APPROPRIATIONS OR CHANGES OF WATER RIGHTS

PAGE 3-SENATE BILL 06-037