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<br /> <br />1. Introduction <br />. The CWCB recognizes the benefits of having water-based recreational facilities and, <br />statutorily the Board is required to review water rights applications for recreational in- <br />channel diversions ("RICDs") after an Applicant submits an RICD application to water <br />court. The General Assembly enacted Colorado Senate Bill 01-216 (sponsored by <br />Senators Entz, Dyer, Hanna, and Musgrave, and Representatives Spradley, Sinclair, <br />Young, Johnson, Larson, Swenson, Weddig, and Williams) in 2001 and was entitled: <br />"Concerning the establishment of a procedure for the adjudication of a recreational in- <br />channel diversion (RICD) by a local government, and making an appropriation therefore." <br />SB 01-216 allows local governments (and other authorized water entities) to obtain <br />RICDs. It defines the water term "beneficial use" to now include RICDs, and requires <br />the CWCB to make findings regarding: the protection of Colorado's interstate compact <br />entitlements; the appropriateness of the stream reach for the intended use; access; the <br />effects on decreed instream flow water right decrees; and maximum utilization. <br /> <br />. <br /> <br />The Board is required to submit its findings and recommendations to water court. This <br />Technical Criteria and Policy Manual is the CWCB's interpretation of the authority <br />granted to the Board by Senate Bill 216. Through working with technical experts in the <br />field of whitewater park evaluation and design, RICD applications should be reviewed <br />using the following technical criteria: <br />· Flow rateS may be granted on one or more monthly or 30-day average basis <br />throughout the intended period of use. Requested flow rates should not exceed <br />the monthly mean or 30-day average flow rate during each 30-day period, as <br />estimated by available gaging station data or other acceptable means. <br />· A flow rate should not be approved for more than a range of 250 to 500 cfs for <br />destination oriented RICDs, and for more than 50-100 cfs for passage oriented <br />RICDs. If an application for an RICD seeks a flow rate for more than 250 cfs, <br />they must demonstrate why a higher flow rate is necessary for that particular <br />boating course. <br />· For destination RICDs the RICD should provide a Performance Index of at least <br />75. See Section 13 for description of the Performance Index. <br /> <br />2. SB 01-216 <br />The General Assembly of the State of Colorado enacted SB 01-216 to amend Section <br />37-92-102, and other relevant statutory provisions of the Colorado Revised Statutes to <br />authorize and appropriately limit the conditions under which an entity may obtain an <br />RICD water right. Key elements of the bill are: <br /> <br />. <br /> <br />2 <br />