BOARD00920

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

meets the elements of the defInition of recreational in-channel diversion of section 37-92-
102(10.3) that require that the requested recreation in-channel diversion physical control
structures divert, capture, control and place to beneficial use the water claimed. The
Board should consider the following factors in determining whether the RICD control
structures divert, capture, control and place to benefIcial use the water claimed. The
Board should meets the defInition ofrecreational in-channel diversion:

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1. Whether the requested recreation in-channel diversion physical control structures
divert, capture, control and place to benefIcial use the water claimed.

h. An additional factor that is detennined to be appropriate for evaluation of recreational
in-channel diversions, under section 37-92-102(6)(b)(VI), is whether the RICD meets the
defInition ofRICD by placing water to benefIcial use as required under sections 37-92-
1 02(4) & (10.3). In order to place water to benefIcial use, the applicant must use an
amount of water that is reasonable and appropriate and used with reasonably effIcient
practices. Thus, the Board should consider the following factors in detennining whether
the recreational in-channel diversion is meets the definition of beneficial use:

i. Whether the recreational in-channel diversion is efficiently designed.

8. Additional Infonnation
Because section 37-92-102(6)(b), C.R.S. (2001) requires the Board to report its findings within
90 days after the closing date for the fIling of statemel).ts of opposition, an Applicant may elect to
provide additional infonnation at the time it submits its Application to the Board. The following
~ types of infonnation would assist the Board in making itsfind,ingsi\lldJec.Q!)]IIlendation: ~p_,~ ,
, "a. A description of structures, including design plans for the physical controlst;ructures,
engineering data and calculations used to design the facilities associated with the
application;
b. Maps showing the location of all physical control structures and access points;
c. Evidence, including hydraulic and hydrologic calculations, that the physical control
structures are capable of diverting, capturing, and controlling water within the stream
channel;
d. Documentation describing the nature of the recreational experience sought;
e. Documentation identifying and/or justifying the time of day and season of use sought;
f. Evidence that the amounts requested in the RICD application are available for
appropriation;
g. Infonnation about the frequency of occurrence of the requested stream flows, including
exceedance calculations and duration curves for the claimed stream flows;
h. Infonnation demonstrating that the amount of water claimed is the minimum amount
necessary to achieve the reasonable recreation experience sought.
1. Infonnation about all necessary permits and the status thereof, including existing or
proposed permit tenns and conditions;
J. List of persons notifIed by the Applicant about the RICD;

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