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<br />Board of Directors <br />Colorado Water ConserVation Board <br />September 19, 2003 <br />Page 2 <br /> <br />in appropriately promulgated rules that are consistent with S.B. 216. For this reason, the River <br />District recommends that the Policy Manual remail1 a policy. Accordingly, the. River District <br />appreciates the September II, 2003 CWCB staff recommendation that the Policy Manual remain a <br />guidance document. <br /> <br />The River District also commends the removal of many ofthe directive verbs and inflexible <br />requirements from the current draft of the Policy Manual. However, certain portions of the Policy <br />Manual still exceed the permissible scope of a policy, including sections 2 and 3 of the page entitled <br />"-Policy-". Accordingly, the CWCB should rephrase these sections. Similarly, theCWCB should <br />alter the title to read "Recommended Technical Crit~ria" to emphasize the Policy Manual is, as <br />stated, a "guidance document" and does not, inconsistent with the nature of a policy, impose <br />technical criteria. The CWCB further should clarify the title on the "-Policy-" page by adding that <br />the Policy only applies to whitewater boating. <br /> <br />As discussed, the River District objects to the CWCB's adoption of "criteria," technical or <br />otherwise, since S.B. 216 only allows the CWCB to determine facts and make recommendations. <br />Even if the CWCB were authorized to establish criteri.a, the River District still would object to the <br />Policy Manual's criteria because the proposed criteria l\ppear quite arbitrary and lack anyinput from <br />the interested public. <br /> <br />The River District remains concerned that the current draft RICD policy would establish an <br />adverse precedent regarding other water rights. Requirements, or even "guidance," that diversion <br />structures must demonstrate a 100 year life are inconsistent with current law or practice and may be <br />beyond the financial and technical capabilities of mariy water rights applicants, whether for RICD <br />rights or other water rights. . . <br /> <br />The River District therefore requests the CWCB at its September meeting clarify that the <br />Policy Manual will be implemented as a policy and not promulgated as rules. After such <br />clarification, the River District requests an opportunity to provide additional comment to the policy <br />document. Thank you for your attention to this matter. <br /> <br />Yours v~ry truly, <br /> <br />/s/* <br />Peter C. fleming, General Counsel <br /> <br />cc: CRWCD Board of Directors <br />Linda Bassi <br /> <br />*A printed copy of this document with original signa ture(s) is maintain ed by the filing party and will be made ava ilable <br />for inspectio n upon request, <br />