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<br />1. <br /> <br />Title <br />Action: <br /> <br />Track 3: 4100/4243 <br /> <br />Information item. No action taken. <br /> <br />1. Purpose of Rules Track 3: 4243/4257 <br />Action: to accept the Staff recommendation that Rule 2 be redrafted, as indicated, to <br />resolve the conflict between the stated purpose and the actual purpose of the <br />rules as identified. <br /> <br />2. Statutory Authority Track 3: 4257/4314 <br />Action: to accept the Staff recommendation to delete the sentence "Article 10, Title 24, <br />C.R.S. makes certain exceptions to the sovereign immunity of and contains <br />provisions regarding potential liability of state and local governmental entities." <br />Considered unnecessary and confusing. <br /> <br />3. <br /> <br />Definitions <br />Action: <br /> <br />Track 3: 4314/ <br />to accept the Staff recommendations with the following: <br />a. Applicant. Keep this definition as it is. Because Local Governmental <br />Entity is defined in the rules, it is already clear who may initiate a water <br />rights filing for RICD's. <br />b. Application. The water court application filed with the CWCB for <br />consideration under these Rules. <br />c. Applicant Receipt Date. No changes. <br />d. Beneficial Use. To cross-reference the statute as suggested. <br />e. Board. No changes. <br />f. Board's office. No changes. <br />g. Compact Entitlements. No changes. <br />h. Director. No changes <br />i. Findings of Fact and Recommendation. To delete the language, as <br />indicated, because the Board may recommend these terms to the water <br />court as conditions. <br />j. Hearing Coordinator. Keep this definition as it is because there is a <br />need for a hearing coordinator to facilitate the procedures. <br />k. Instream Flow. Grammatical changes to clarify the rule. Add coma and <br />'the' after 'C.R.S. (2001), for'. Remove 'in the State' from end as <br />unnecessary and confusing. Remove last sentence of definition as it is <br />unnecessary to definition. <br />I. Local Governmental Entity. Grammatical changes to clarify the rule. <br />Add 'an' before RICD and delete 'purposes' after RICD. Delete wording <br />"existing in the State of Colorado". Limits those identified. Entity means <br />a 'Colorado' entity. <br />m. Party. Keep this definition as it is in this rule. <br />n. Person. No changes. <br />o. Reasonable Recreation Experience. The words 'of average' changed to <br />'with suitable'. Add 'for which the water right is being sought' after <br />activity. Delete 'in a lawful manner' at the end of the sentence. <br /> <br />Page 3 <br />