BOARD01008

• Board Meeting Date: 1/27/2004
• Description: CWCB Director's Report
• Board Meetings - Doc Type: Memo

CWCB Recreational In-Channel Diversion (RICO)
Whitewater Boating Technical Criteria and Policy Manual .
January 2004

1. Introduction
The CWCB is statutorily required to review water rights applications for recreational
in-channel diversions ("RICDs") after an Applicant submits an RICD application to water
court, As defined by the legislature in Senate Bill 01-216, an RICD is the"minimum
stream flow as it is diverted, captured, controlled, and placed to beneficial use between
specific points defined by physical control structures pursuant to an application filed by
a county, municipality, city and county, water district, water and sanitation district,
water conservation district, or water conservancy district for a reasonable recreational
experience in and on the water." The CWCB is required to submit its findings and
recommendations to water court regarding an Applicant's requested RICD water right,

The Board recognizes that there is a need to develop objective criteria that would be
available to Applicants for RICDs as guidance for the development of their facilities and
applications for the associated water rights. This Technical Criteria and Policy Manual
("Manual") is the CWCB's interpretation of the legislative intent and the responsibility
and authority granted to the CWCB. In the future, the Board may adopt some of the .
criteria suggested in this Manual, or a variation thereof, as formal rules. This Manual is
intended to help Applicants determine a reasonable design flow rate for a recreational
course that utilizes streamflow in the most efficient manner possible. An Applicant's
use of the guidelines in this Manual will facilitate and streamline the CWCB's
consideration of a requested RICD water right.

The CWCB has conducted RICD hearings, been involved in a Water Court trial pertaining
to an RICD application, contracted with an nationally recognized expert in the field of
whitewater boating course design, and received input from interested parties and the
public-at-Iarge regarding water-based recreation opportunities. These actions,
combined with the efforts of the CWCB staff and the Attorney General's Office, have
assisted in the formulation of generalized parameters that may be helpful to Applicants
desiring an RICD water right.

The primary focus of this Manual is RICD applications for destination-oriented
whitewater boating as the main recreation experience sought by Applicants. A
destination oriented boating course is one that would primarily attract recreational
users to travel to and spend time at that facility. This type of facility allows boaters to .
engage in recreational activities within the RICD stream reach such as slalom, rodeo, or
play boating. This recreational activity is typically the water intensive. Consequently,

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