BOARD00920

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

111. Whether the RICD would negatively impact the natural environment for which
the ISF was decreed; and,
IV. Whether during the construction of the RICD structures, the construction may
cause material injury to the ISF or the natural environment that the ISF protects.

e. Whether the adjudication and administration of the RICD would promote-maximum
utilization of the waters of the State. Tbe Board, in making this finding, may consider,
but is not limited to, the following:
1.

11.

111.
IV.
V.
VI.
. Vll.
Vlll.
IX.
x.
Xl.
Xli.
IX.

Whether there are any probable future upstream junior appropriations for direct
diversion or storage;
Whether there are any probable future changes, transfers, or exchanges of water
rights from points of diversion downstream of the reach affected by the RICD to
points upstream of or in the reach affected by the RICD;
Whether existing federal policies, regulations and laws affect or will be affected
by the RICD.
Whether a reasonable means is to be utilized to use, divert, capture and control the
water for a RICD so as to minimize its call upon the river and avoid waste;
Whether a reasonable demand exists for the recreational activity in question as
determined by levels of current use and/or estimates of future use;
Whether the application has appropriate limitations upon the time of day, days per
month, or seasons during which the RICD would be exercised;
The depth and flow rate of the proposed RICD;
With what frequency and duration the requested amounts of water for the RICD
occur;
Whether the requested RICD flow rates exceed the average flow rate for each
time period requested;
Whether the requested recreational in-channel diversion is for appropriate times
of day and an appropriate season..Qtll_se; ,____ _
Tbe amount of the water claimed; _n -c._ C'_:' _:.._:_--="'-'.-_:::"
The effect on other uses of the amount of the water claimed; and,
Whether the amount claimed meets the definition ofRICD.

f. An additional factor that is appropriate for evaluation of recreational in-channel
diversions, pursuant to section 37-92-l02(6)(b)(VI), is whether the RICD meets the
elements of the definition of recreational in-channel diversion of section 37 -92-102(10.3)
that require the amount claimed to be the minimum stream flow for a reasonable
recreation experience. The Board should consider the following factors in determining
whether the RICD meets the definition of recreational in-channel diversion:
i. Whether the requested recreation in-channel diversion flow rates are the minimum
flow for a reasonable recreational experience;
ii. Whether the RICD is for times other than 8 am until 9 pm;
iii. Whether the RICD is for a season of use outside of the typical boating season.
iv. Whether the RICD improves the recreational experience sought.

.

g. An additional factor that is determined to be appropriate for evaluation of recreational
in-channel diversions, pursuant to section 37-92-1 02(6)(b)(VI), is whether the RICD

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