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BOARD00704
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Last modified
8/16/2009 2:53:22 PM
Creation date
10/4/2006 6:43:08 AM
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Template:
Board Meetings
Board Meeting Date
3/21/2002
Description
ISF Section - Pending Recreational In-Channel Diversion Applications
Board Meetings - Doc Type
Memo
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<br />i. Findings of Fact and Recommendation. Mean,s the written findings of the Board <br />regarding the factors set out in section 37-92-102(6), C.RS. (2001) and the RICD Rules <br />and the written recommendation of the Board to the water court as to whether an <br />application for a RICD should be granted, grartted with conditions, or denied. <br />j. Hearing Coordinator. Means the person appointed by the Director to be responsible for <br />establishing the procedures, to the extent not otherwise set forth herein, which will <br />govern the conduct of any public hearing on aRICD. <br />k. Instream Flow (hereinafter referred to as "ISH'). Means any water, water rights or <br />interests in water appropriated or acquired by ,the Board, pursuant to section 37 -92- <br />102(3), C.RS. (2001), for the preservation of the natural environment to a reasonable <br />degree. Pursuant to section 37-92-102(3), C.R.S. (2001) no other person or entity may <br />appropriate such rights, for any purpose whatsoever. <br />L Local Governmental Entity. Means a Colorado entity authorized to appropriate a RICD <br />and includes a county, municipality, city and county, water district, water and sanitation <br />district, water conservation district, or water conservancy district. <br />m. Party. Means any person who has filed a stateplent of opposition to a RICD, or any <br />person who has filed for party status pursuant, to Rule 10 of the RICD Rules. <br />n::- Person. Means an individual, a partnership, ai corporation, a municipality, the state of <br />Colorado, the United States, or any other legal entity, public or private. <br />o. Reasonable Recreation Experience. Means an experience in and on the water that would <br />allow individuals with suitable skills and abilities relating to the specific recreational <br />activity for which the water right is being sought to partake in that activity. <br />p. Recreational In-Channel Diversion. Means the minimum stream flow, as it is diverted, <br />captured, controlled, and placed to beneficial luse between specific points defined by <br />physical control structures pursuant to an application filed by a Local Governmental <br />Entity, for a reasonable recreation experience; in and on the water. <br />q. Staff. Means the Director and other personnel employed by the Board. <br /> <br />5. Optional Pre-Application Process <br />Prior to submitting an Application to the water court or to the Board, the Board encourages the <br />Applicant to meet with Staff to discuss the proposed RICD application and the procedures to be <br />followed by the Board to review the application. Staff will provide input regarding how the <br />proposed application can meet the intent of the RICI~ rules. <br /> <br />6. Submissions Required from an Applicant <br />Within 30 days after filing an application for a RICD with any water court, an Applicant shall <br />submit a copy of the application to the Board Office, pursuant to section 37-92-102(5), C.RS. <br />(2001). <br /> <br />7. Required Findings , <br />The Board is required to make certain findings about RICDs. If the Board determines that the <br />amount of water sought for a RICD does not represe~t the stream flow necessary to provide a <br />reasonable recreation experience in and on the water andlor that the RICD does not divert, <br />capture, and control water in its natural course or location with physical control structures, then <br />the Board shall note that determination in its written recommendation to the water court and <br /> <br />2 <br /> <br />. <br /> <br />. <br /> <br />. <br />
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