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<br />. <br /> <br />Recreational In-Channel Diversion Rules <br /> <br />1. Title <br />Rules Concerning Recreational In-Channel Diversions, adopted pursuant to section 37-92-102, <br />eR.S. (2001), and hereinafter referred. to as the "RlCD Rules." <br /> <br />2. Purpose of Rules <br />The purpose of these Rules is to set forth the procedures to be followed by: 1) Applicants for <br />Recreational In-Channel Diversions; and 2) the Colorado Water Conservation Board when <br />making Findings of Fact and recommendations to a water court regarding Recreational In- <br />Channel Diversions (hereinafter referred to as "RlCDs"). In addition, the purpose of these Rules <br />is to provide guidance about the type of information that will assist the Board in making its <br />findings and recommendation to the water court. By this reference the Board incorporates the <br />Basis and Purpose statement prepared and adopted at the time of the rulemaking. A copy of this <br />document is on file at the Board office. <br /> <br />. <br /> <br />3. Statutory Authority <br />The General Assembly specifically recognized the appropriation and adjudication ofRlCDs by <br />local govemmental entities, pursuant to sections 37-92-102, 37-92-103, & 37-92-305, C.R.S. <br />(2001). The statutory authority for these Rules is found at section 37-92-102(6)(b)(VI), C.R.S. <br />(2001). By promulgating these Rules, the Board assumes no liability related to RlCDs and <br />expressly does 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 Govemmental Entity that has filed a water court application for <br />a RlCD on or after January 1, 2001. <br />b. Application Receipt Date. Means the date that the Board receives a copy of the RlCD <br />-application. , <br />c. Application. A water court application filed with the CWCB for consideratioll-under <br />these Rules. <br />d. Beneficial Use. Is defined as stated in Section 37-92-103(4), C.R.S. (2001), 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. (2001). <br />f. Board's Office. Means the Colorado Water Conservation Board's office, located at 1313 <br />Sherman Street, 7th 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 />hUp:/ /www.cwcb.state.co.us. <br />g. Compact Entitlements. Means all of Colorado's water entitlements pursuant to interstate <br />compacts, equitable apportiorunents, Supreme Court rulings designating water <br />apportiorunents, or any other legally recognized designation of apportiorunent of <br />interstate waters. <br />h. Director. Means the Director of the Colorado Water Conservation Board, who is the, <br />chief administrative head of the Board, under the direction and supervision of the Board, <br />and who has general supervision and control of all its activities, functions, and <br />employees. <br /> <br />1 <br />