BOARD01008

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

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The CWCB will review RICD applications on a case-by-case basis and will consider
factors and circumstances brought forth by the Applicant as part of the aSSessment to
determine the appropriateness of the requested RICD water right,

5, flow Rate Guidelines for an RIel)
The CWCB recommends that an RICD flow Rate appropriate for a particular
recreational facility should be based on the general characteristics of the stream
reach, site, intended use, and efficient use of the flow. (See Section II of the
Appendix.)The proposed RICD will be carefully reviewed by the CWCB to determine
whether it is in substance an instream flow water right for which the CWCB is the only
entity that can adjudicate a decree. Thus, any proposed flow that comports with these
guidelines, but which is also substantially equivalent to an instream flow water right, may
be denied. The CWCB recommends that Applicants for whitewater boating courses
follow these guidelines:
. The CWCB recommends an RICD flow rate in the range of approximately 50 cfs
to 350 cfs for a destination-oriented boating facility. (See Section III of the
Appendix.) The actual RICD flow rate for a specific site and time of use will vary
within this range depending on water availability and other factors related to the
recreational facility. The CWCB suggests that an RICD water right should be
granted for an intended use and for a specific flow rate necessary to provide the
intended reasonable recreation experience during an intended period of time of
use. The CWCB suggests that an RICD flow rate may be unreasonable if it
exceeds the 40th percentile flow rate during the intended time period (flow
rates can be evaluated or estimated using available streamflow gage data or other
acceptable means).
. Based on the futile call doctrine, a holder of an RICD should not be able to call
for the water right if such a call would provide insufficient flow for a reasonable
recreational experience:

The above-recommended range of flows for a destination-oriented RICD was arrived at
through the following process:

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. A review was made of existing man-made boating courses in Colorado and existing
and planned "pay for" courses worldwide. At "pay for" courses, the boaters are
presumably having a reasonable recreational experience because they are willing
to pay for the experience, (See Section IV of the Appendix).
. A review was made of user surveys of existing boating courses in Colorado(See
Section V of the Appendix). Those surveys determined that a reasonable

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