BOARD01505

• Board Meeting Date: 11/15/2005
• Description: CWCB Director's Report
• Board Meetings - Doc Type: Memo

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AND REQUIRED FOR THE INTENDED USE;

2 (IV) BE ACCESSIBLE TO THE PUBLIC FOR THE RECREATIONAL

3 IN-CHANNEL USE PROPOSED; AND

4 (V) NOT CAUSE MATERIAL INJURY TO INSTREAM FLOW WATER

5 RIGHTS APPROPRIATED PURSUANT TO SECTION 37-92-102 (3) AND (4).

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(b) IN DETERMINING WHETHER THE INTENDED RECREATION

7 EXPERIENCE IS REASONABLE AND THE CLAIMED AMOUNT IS THE

8 APPROPRIATE FLOW FOR ANY PERIOD, THE W A TERCOURTSHALL CONSIDER

9 ALL OF THE FACTORS THAT BEAR ON THE REASONABLENESS OF THE CLAIM,

10 INCLUDING THE FLOW NEEDED TO ACCOMPLISH THE CLAIMED

11 RECREATIONAL USE, BENEFITS TO THE COMMUNITY, THE INTENT OF THE

12 APPROPRIATORLSTR,EAM_SIZE AND CHARACTERISTICS. AND TOTAL

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STREAMFLOW AVAILABLE AT THE CONTROL STRUCTURES DURING THE

PERIOD OR ANY SUBPERIODS FOR WHICH THE APPLICATION IS MADE.

15 . (e) IF A WATER COURT DETERMINES THAT A PROPOSED

16 RECREATIONAL IN-CHANNEL DIVERSION WOULD MATERIALLY IMPAIR THE

17 ABILITY OF COLORADO TO FULLY DEVELOP AND PLACE TO CONSUMPTIVE

18 BENEFICIAL USE ITS COMPACT ENTITLEMENTS, THE COURT SHALL DENY THE

19 APPLICATION. THE DECREE SHALL SPECIFY THAT THE STATE ENGINEER

20 SHALL NOT ADMINISTER A CALL FOR A RECREATIONAL IN-CHANNEL

21 DIVERSION UNLESS AT LEAST NINETY PERCENT OF THE DECREED RATE OF

22 FLOW FOR THE APPLICABLE TIME PERIOD IS PRESENT.

23 (d) THE WATER COURT SHALL RETAIN JURISDICTION OVER A

24 RECREATIONAL IN-CHANNEL DIVERSION FOR A MINIMUM PERIOD OF

25 TWENTY YEARS, DURING WHICH TIME IT MAY RECONSIDER ITS DECREE

26 UPON MOTION OF ANY PARTY TO DETERMINE IF RECREATION HAS CEASED,

.

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THE CONTROL STRUCTURES HA VE BEEN ALTERED OR REMOVED, THE FLOW

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DRAFT