BOARD01726

• Board Meeting Date: 3/22/2005
• Description: Current State Legislative Issues
• Board Meetings - Doc Type: Memo

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FOR RECREATIONAL IN-CHANNEL DIVERSION PURPOSES WHOSE

APPLICATIONW AS FILED PRIOR TO FEBRUARY 17.2005. UNLESS A CHANGE

TO SUCH WATER RIGHT IS TIfEREAFfER APPLIED FOR AND DECREED.

(6.3) "CONTROL STRUCTURE" MEANS A STRUCTURE CONSISTING OF

FEATURES CONSTRUCTED BY HUMANS TIfAT INCLUDES SIDES AND A

BOITOM. AND IS USED TO CONTROL WATER IN ITS NATURAL COURSE OR

LOCATION FOR RECREATIONAL IN-CHANNEL DIVERSIONS. AN OWNER OF

A RECREATIONAL IN-CHANNEL DIVERSION MAY PLACE A CALL ON THE

RIVER ONLY IF THE CONTROL STRUCTURE IS ABLE TO PHYSICALLY

CONTROL THE OUANTITY OF WATER SUBJECT TO THE CALL AT THE

LOCATION OF SUCH CONTROL STRUCTURE. CONCENTRATION OF RIVER

FLOW BY A CONTROL STRUCTURE MEETING THIS DEFINITION CONSTITUfES

CONTROL OF WATER FOR A RECREATIONAL IN-CHANNEL DIVERSION.

(7) "Diversion" or "divert" means removing water from its natural

course or location. or controlling water in its natural course or location.

bv means of a ditch. canal. flume. reservoir. bvpass. pipeline. conduit.

well. pump. or other structure or device: except that onlv a countv.

municipalitv. city and county. water district. water and sanitation district.

water conservation district. or water conservancy district mav control

water. WITH THE USE OF A CONTROL STRUCTURE. in its natural course or

location for recreational in-channel diversions. This does not apply to

applications filed prior to Januarv 1. 2001.

{l0.2) "RECREATIONAL IN-CHANNEL DIVERSION" MEANS THE

MINIMUM STREAM FLOW AS IT IS DIVERTED. CAPTIJRED. CONTROLLED. AND

PLACED TO BENEFICIAL USE BETWEEN SPECIFIC POINTS DEFINED BY

PHYSICAL CONTROL STRUCTURES PURSUANT TO AN APPLICATION FILED BY

A COUNTY. MUNICIPALITY. CITY AND COUNTY. WATER DISTRICT. WATER

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