BOARD00449

• Board Meeting Date: 9/24/2001
• Description: Recreational In-Channel Diversion Rules
• Board Meetings - Doc Type: Memo

DRAFT

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Rules Concerning Recreational In-Channel Diversions

I. Title. Rules Concerning Recreational In-Channel Diversions, adopted pursuant to

section 37-92-102, C.R.S. (2000), and hereinafter referred to as the "RICD Rules."

2. Statement of Basis and Purpose. The purpose of these Rules is to set forth the

procedures to be followed by: I) Applicants for Recreational In-Channel Diversions;

and 2) the Colorado Water Conservation Board when making Findings of Fact and

recommendations to a water court regarding Recreational In-Channel Diversions

(hereinafter referred to as "RICDs").

3. Statutory Authority. The General Assembly specifically recognized the

appropriation and adjudication of RICDs by local governmental entities, pursuant to

sections 37-92-102, 37-92-103, & 37-92-305, C.R.S. (2001). The statutory authority

for these Rules is found at section 37-92-102(6)(b)(VI), C.R.S. (2001). Article 10,

Title 24, C.R.S. makes certain exceptions to the sovereign irnmunity of and contains

provisions regarding potential liability of state and local governmental entities. By

promulgating these Rules, the Board assumes no liability related to RICDs and

expressly does not waive its sovereign inunuuity uuder.Artic1e 10, Title 24, C.R.S.

4. Definitions.
a. Applicant. Means a Local Governmental Entity that has filed a water court

application for a RICD on or after January I, 2001.

b. Application Receipt Date. Means the date that the Board receives a copy of the

RICD application, and all other information required under Rule 5 ofthe RICD

Rules.

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