BOARD00765

• Board Meeting Date: 7/18/2005
• Description: WSP Section - Discussion of RICD Correspondence Regarding RICDs as Works Engineering
• Board Meetings - Doc Type: Memo

STATE OF COLORADO

Colorado Water Conservation Board

Department of Natural Resources
1313 Sherman Street, Room 721
Denver, Colorado 80203
Phone: [phone]
FAX, (303) 8664474
www.cwcb.state.co.us

MEMORANDUM

Bill Owens
Governor

TO:
FROM:
DATE:
SUBJECT:

Colorado Water Conservation Board Members
Ted Kowalski, Manager RICD Program
July 11,2005
Agenda Item 18, July 18-19,2005 Board Meeting..
Discussion of RICD Correspondence Regarding RICDs as Works
Engineering

Russel George
Executive Director

Rod Kuharich
CWCB Director

Rick Brown
Acting Deputy
Director

Background

As you know, man.made whitewater parks in Colorado, and RICD applications for water rights associated with
man.made whitewater parks, has grown exponentially in Colorado in recent years. Through my role in overseeing
the RICD process, and engaging in litigation regarding RICDs, several questions arose, that needed answers in this
burgeoning area of engineering and law. In May, 2005, I wrote to the Board of Licensure For Professional
Engineers And Professional Land Surveyors and posed the following questions: 1) whether the design of the
structures that create certain whitewater features constitute "the practice of engineering"; 2) whether these
documents should be sealed by an engineer; 3) whether the "design" work that has been done in certain
instances is substandard; and 4) whether courses designed and built by non. engineers would be considered the
illegal practice of engineering. A copy of my letter is attached.

In June 2005, I received a response from the Program Directors, which is attached. The Board of Licensure For
Professional Engineers And Professional Land Surveyors determined that these whitewater parks are works of
engineering that require sealing of documents by a professional engineer. If a non-engineer designs a
whitewater park, then that person is illegally practicing engineering. Finally, they determined, based on a
limited review that the design drawings appeared to be substandard.

The Board of Licensure For Professional Engineers And Professional Land Surveyors suggested that the
CWCB include in its new rules, a suggested requirement that the Applicant for an RICD submit design
drawings by professional engineer who has sealed the design drawings, and that the engineer designing
the whitewater park comply with all other engineering laws, rules and regulations. The Board of Licensure
For Professional Engineers And Professional Land Surveyors also suggested that the CWCB send copies of
these two letters to the Colorado Municipal League and to Colorado Counties, asking them to make their
members aware of these requirements.

Staff Recommendation
The staff recommends that the Board:
a. Consider the possibility of including terms and conditions in the RICD rules when the Board
undergoes its rule making hearing in September;

Flood Protection. Water Supply Planning and Finance. Stream and Lake Protection
Water Supply Protection. Conservation and Drought Planning