BOARD00920

• Board Meeting Date: 5/23/2005
• Description: WSP Section - Request to Initiate Rulemaking regarding RICDs
• Board Meetings - Doc Type: Memo

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7. Required Findings
The Board is required to make certain findings about RICDs. Because the definition ofRICD
requires that the applicant claim only the minimum stream flow for a reasonable recreation
experience that is diverted, captured, controlled, and placed to beneficial use, those elements
must be satisfied to meetthe requirements for each statutory factor that contains the RICD
definition. Section 37-92-l02(6)(b), C.R.S. (2001) authorizes the Board to make the following
findings:
a. Whether the adjudication and administration of the RICD would impair the ability of
Colorado to fully develop and place to consumptive Beneficial Use its Compact
Entitlements. The Board, in making this finding, may consider, but is not limited to, the
following:
i. The amount and location of remaining unappropriated Compact Entitlement
waters in the basin in question and at the RICD point of diversion;
11. The proximity of the RICD to the state line;
111. The proximity of the RICD to suitable upstream points of diversion or storage
which may be utilized by those who would place the water to consumptive
beneficial use;
IV. The existence of suitable downstream points of diversion or storage for
consumptive beneficial uses before the water leaves the state; and,
v. Exchange opportunities within the state that may be adversely impacted by the
existence of the RICD.
VI. Whether the basin is over-appropriated;
Vll. The amounts of the water claimed;
Vlll. The effect on other uses of the amount of the water claimed.
b. Whether the RICD appropriation is for art appropriate reach of stream for the intended
use. The Board, in making this fmding, may consider, but is not limited to, the
following: .. __,_m .
i. The nature oftherecreational-,activity for which:the RICD is'sought; ~,
ii. The length of and efficiency of the diversion of the proposed reach required for
the intended use;
111. Whether the RICD can be adequately measured and administered through the
proposed reach; ,
IV. Whether the RICD will affect flooding, flood control, or the one-hundred year
flood elevations;
v. Whether the applicant has complied with all federal and state statutes and
regulations regarding flooding, flood control, the one-hundred year flood
elevations, and river channel manipulation;
VI. Whether the RICD in its proposed location can adequately pass all flows up to
and including the 100-year (1 % probability) flood flow without causing adverse
impacts to upstream, downstream, or adjacent property owners;
Vll. Whether the RICD's proposed location can adequately withstand stream forces
for all flows up to and including the 100-year flood so that damage and failure of
the boating course is avoided;
Vlll. Whether the RICD's proposed location will allow the structures to adequately
pass all flows up to and including the 1 OO~year (1 % probablity) flood flow

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