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Board of Directors Colorado Water Conservation Board September 19, 2003 Page 2 'lit , "ff! in appropriately promulgated rules that are consistent with S.B. 216. For this reason, the River District recommends that the Policy Manual remain a policy. Accordingly, the River District appreciates the September II, 2003 CWCB staff recommendation that the Policy Manual remain a guidance document. The River District also commends the removal of many of the directive verbs and inflexible requirements from the current draft ofthe Policy Manual. However, certain portions of the Policy Manual still exceed the permissible scope of a policy, including sections 2 and 3 of the page entitled "-Policy-". Accordingly, the CWCB should rephrase these sections. Similarly, the CWCB should alter the title to read "Recommended Technical Criteria" to emphasize the Policy Manual is, as stated, a "guidance document" and does not, inconsistent with the nature of a policy, impose technical criteria. The CWCB further should clarify the title on the "-Policy-" page by adding that the Policy only applies to whitewater boating. As discussed, the River District objects to the CWCB's adoption of "criteria," technical or otherwise, since S.B. 216 only allows the CWCB to determine facts and make recommendations. Even if the CWCB were authorized to establish criteria, the River District still would object to the Policy Manual's criteria because the proposed criteria appear quite arbitrary and lack any input from the interested public. The River District remains concerned that the current draft RICD policy would establish an adverse precedent regarding other water rights. Requirements, or even "guidance," that diversion structures must demonstrate a 100 year life are inconsistent with current law or practice and may be beyond the financial and technical capabilities of many water rights applicants, whether for RICD rights or other water rights. The River District therefore requests the CWCB at its September meeting clarify that the Policy Manual will be implemented as a policy and not promulgated as rules. After such clarification, the River Districtrequests an opportunitY to provide additional comment to the policy document. Thank you for your attention to this matter. Yours very truly, /s/* Peter C. 'Fleming, General Counsel cc: CRWCD Board of Directors Linda Bassi *A printed copy of this document with odginal signa ture(s) is maintain ed by the filing party a ndwill be m ode avo ilable for inspectio n upon request.