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<br />Recreational In-Channel Diversion Rules <br /> <br />. <br /> <br />I. Title <br />Rules Conceming Recreational In-Channel Diversions, adopted pursuant to section 37-92-102, <br />C.RS., and hereinafter referred to as the "RICD Rules." <br /> <br />2. Purpose of Rules <br />The purpose of these rules is to set forth the procedures to be followed by: I) applicants for <br />Recreational In-Channel Diversions (hereinafter referred to as "RICDs"); and 2) the Colorado <br />Water Conservation Board (hereinafter referred to as "board") when making Findings of Fact to <br />a water court regarding RICDs. In addition, the purpose of these rules is to provide guidance <br />about the type of inforrnation that will assist the board in making its findings to the water court. <br />The board has incorporated into these rules, the statement of basis and purpose prepared and <br />adopted at the time of the rulemaking. These rules will supercede the RICD Rules adopted on <br />November 15, 2005, codified at 2 CCR 408-3, and they are intended to apply to applications that <br />will be reviewed by the board after the effective date of these rules. However, they will not <br />apply to applications that were already filed prior to July I, 2006. <br /> <br />3. Statutory Authority <br />The General Assembly specifically recognized the appropriation and adjudication ofRICDs by <br />local governmental entities, pursuant to sections 37-92-102, 37-92-103, & 37-92-305, C.RS. <br />The statutory authority for these rules is found at section 37-60-106(k) a11d 37-60-108-, C.R.S. <br />By promulgating these rules, the board assumes no liability related to RICDs and expressly does <br />not waive its sovereign immunity under Article 10, Title 24, c.R.S. <br /> <br />. <br /> <br />4. Definitions <br />a. Applicant. Means a local governmental entity that has filed a water court application for a <br />RICD on or after July 1, 2006. <br />b. Application Receipt Date. Means the date that the board receives a copy of the RICD <br />application. <br />c. Application. A water court application filed with the CWCB for consideration under <br />these rules. <br />d. Beneficial Use. Is defined as stated in Section 37-92-103(4), C.R.S., which is <br />incorporated herein by reference. <br />e. Board. Means the Colorado Water Conservation Board as defined in sections 37-60-101, <br />103 and 104, C.R.S. <br />f. Board's Office. Means the Colorado Water Conservation Board's office, located at 1313 <br />Sherrnan Street, 7'h Floor, Denver, CO 80203. The phone number is (303) 866-3441. <br />The facsimile number is (303) 866-4474. The board's website is <br />http://www.cwcb.state.co.us. <br />g. Compact Entitlements. Means all of Colorado's water entitlements pursuant to interstate <br />compacts, equitable apportionments, supreme court rulings designating water <br />apportionments, or any other legally recognized designation of apportionment of <br />interstate waters. <br />h. Control Structure. Is defined as stated in Section 37-92-103(6.3), C.RS., which is <br />incorporated herein by reference. <br /> <br />. <br /> <br />I <br />