BOARD00425

• Board Meeting Date: 7/26/2006
• Description: WSP Section - RICD Rules Recommendations
• Board Meetings - Doc Type: Memo

STATE OF COLORADO

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Colorado Water Conservation Board

Department of Natural Resources
1313 Sherman Street, Room 721
Denver, Colorado 80203
Phone: [phone]+11
FAX: [phone]
www.cwcb.state.Cl).U5

MEMORANDUM

Bill Owens
Governor

To:

CWCB Members

Russell George
Executive Director

From:

Ted Kowalski

Rod Kuharich
ewes Director

Date:

July 13, 2006

Dan McAuliffe
Deputy Director

Re:

Agenda Item 20, July 25-26, 2006 Board Meeting, Water Supply Protection-RICD
Rules Recommendations-The Board will be asked to provide guidance to the Staff
regarding rescinding or revising the RICD rules with the passage of Senate Bill 37.

Background
In May 2006, Governor Owens signed Senate Bill 37, which amended the Recreational In-Channel
Diversion CRICD") Statute. Senate Bill 37:

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1. Requires the Board to make findings of fact regarding only three factors: maximum utilization,
compact entitlements, and injury to instream flow water rights. The Board's findings shall be
presumptive as to such facts before the water court, subject to rebuttal by any party.
2. Eliminates the requirement that the Board hold a hearing, but rather provides that the Board must
deliberate in a public meeting.
3. Defines control structures such that they must be efficiently designed by a professional engineer,
and constructed so that they will operate efficiently and without waste.
4. Defines "reasonable recreation experience" as the use of a RICD for non-motorized boating
only. While other recreational activities may occur, they may not serve as the basis for a water
right.
5. Defines a recreational in-channel diversion as a minimum amount of stream flow placed to
beneficial use between specific points defined by control structures for a reasonable recreation
experience 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 RICO
shall be limited to one specific flow rate for each time period claimed by the applicant, and
individual time periods shall not be shorter than 14 days unless the applicant can demonstrate a
need for a shorter time period.
6. Establishes a presumption that there will not be material injury if a subsequent appropriation or
change of water rights does not exceed 1/10 of 1% of the lowest decreed rate of flow for an
RICD, with a cumulative maximum effect of2% ofthe lowest decreed rate offlow for an RICD
(sometimes referred to as a "de minimis provision").
7. Provides that an owner of a water right for an RICD may not call for water that has been
lawfully stored by another appropriator.
Colorado Water Conservation Board
Flood Protection. Water Supply Planning and Finance. Stream and Lake Protection
Water Supply Protection. Conservation and Drought Planning