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<br /> <br />COLORADO RIVER WATER <br />CONSERVATION DISTRICT <br /> <br /> <br />ProItJding Western Colorado Water Since 1937 <br /> <br />September 19,2003 <br /> <br />Board of Directors <br />Attn: Ted Kowalski <br />Colorado Water Conservation Board <br />1313 Sherman Street, Room 721 <br />Denver, CO 80203 <br /> <br />Transmitted via E-mail <br /> <br />Re: Colorado Water Conservation Board's ("CWCB") Proposed RecreationalIn-Channel <br />Diversion ("RICD") Technical Criteria and PolicvManual September 2003 <br /> <br />Dear CWCB Board Members: <br /> <br />The Colorado River Water Conservation District ("River District") commends the Board and <br />its staff on your responsiveness to comments on previous drafts of the above referenced Policy as <br />reflected in the latest draft of the proposed RICD Policy and associated RICD Technical Criteria and <br />Policy Manual. However, we still have concerns, for which we again request additional time for <br />public review and comment and the opportunity to work with staff and interested boani members <br />to resolve. As the River District explained in its August 29,2003 letter, the high level of public <br />interest in RICDs requires that the public should have a meaningful opportunity to review and <br />comment on the Policy Manual. Currently, the public is unable to meaningfully comment on the <br />Policy Manual because the proposed draft is unclear whether the Policy Manual is a policy or will <br />form the basis for a rule. <br /> <br />The uncertainty about the intent of the policy and the lack of sufficient time for review <br />frustrates the River District's abilityto meaningfully comment on the Policy Manual. Nevertheless, <br />the River District offers the following comments, but reserves the opportunity to provide additional <br />comment. <br /> <br />The River District urges the CWCB to avoid promulgating additional RICD rules based on <br />the Policy Manual because such rules would exceed the authority vested in the CWCB by S.B. 216. <br />Any rules based on the proposed Policy Manual apparently would contain stream reach and flow rate <br />criteria. S.B. 216 does not authorize the CWCB to establish "criteria" through rules. Instead, S.B. <br />216 allows the CWCB to consider certain clarifying factors to the five statutory factors if established <br /> <br />Suite #200 * 201 Centennial Street / PO Box H20 Glenwood Springs, Colorado 81602 <br />(970) 945-8522 * (970) 945-8799 fax <br />