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<br />- Policy - <br /> <br />RECREATIONAL IN-CHANNEL DIVERSION ("RICD") POLICY REGARDING <br />TECHNICAL CRITERIA <br /> <br />EFFECTIVE DATE <br />November 21,2003 <br /> <br />PURPOSE <br />The Colorado Water Conservation Board ("CWCB"), pursuant to sections 37-92-102(5), 37-92-102(6) <br />& 37-92-305(13), C.R.S. (2002), is required to file with a water court fmdings of fact and <br />recommendations regarding an application for an RICD. The purpose of this policy is to provide further <br />guidance regarding technical criteria to entities considering applying for an RICD, as well as entities that <br />have applied for an RICD. This policy is adopted to assist applicants for RICDs in developing <br />successful and comprehensive applications before the CWCB and the water courts. <br /> <br />APPLICABILITY <br />This policy applies to all RICD proposals. <br /> <br />POLICY <br />1. The attached Technical Criteria and Policy Manual ordinarily may be considered by the CWCB <br />as a set of flexible minimum guidelines as to evaluate whether an RICD should be granted and <br />under what conditions the CWCB should recommend approval of an RICD. This Technical <br />Criteria and Policy Manual is not a substitute for the RICD rules or the existing policy regarding <br />RICDs, but rather a list of additional criteria and policy considerations that the CWCB may use <br />in evaluating RICD applications. <br /> <br />2. The Technical Criteria and Policy Manual serves the Board in an advisory manner to explain the <br />meaning oftenns in Senate Bill 216 and describes the types of factors that the Board will <br />consider in future RICD hearings without binding the Board to any particular result. <br /> <br />3. Complying with the Technical Criteria and Policy Manual is not a requirement to obtain CWCB <br />approval of an RICD; however, in general, the Board will favorably consider RICDs that <br />comport with the Technical Criteria and Policy Manual. <br />