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<br />3. RICD is defined as: "the minimum stream flow as it is diverted, captured, <br />controlled, and placed to beneficial use between specific points defined by <br />physical control structures pursuant to an application filed by a county, <br />municipality, city and county, water district, water and sanitation district, water <br />conservation district, or water conservancy district for a reasonable recreation <br />experience in and on the water." <br /> <br /> <br />1. RICD applicants must submit a copy of their water rights application to the <br />CWCB within 30 days after initiating a water rights filing for the adjudication of <br />oomD. . <br /> <br />2. The CWCB shall make findings of fact and a final recommendation to the <br />water court as to whether the RICD water rights application should be granted, <br />granted with conditions, or denied. These findings are presumptively valid <br />subject to rebuttal by any party. <br /> <br />4. The CWCB shall consider the following factors while evaluating RICD <br />proposals: <br />. The ability of Colorado to fully develop and place to consumptive beneficial <br />use its compact entitlements <br />. The appropriate reach of stream required for the intended use . <br />. Access for the RICD use <br />. Potential for material injury to instream flow water rights <br />. Promotion of maximum utilization of waters of the state <br />. Other factors determined to be appropriate and set forth in rules adopted <br />by the CWCB <br /> <br />5. The CWCB shall report its findings to the water court for review within 90 <br />days after the filing of statements of opposition, however the water court may <br />grant an extension of time for good cause. <br /> <br />A complete copy of sB 01-216 and the primary House Sponsor's introductory remarks <br />regarding the legislation is included as an appendix to this document. <br /> <br />3. Current CWCB Rules and Policies Reaardina RICD ProDosals <br />The CWCB adopted Rules Concerning Recreational In-Channel Diversions, pursuant to <br />section 37-92-102, C.R.s. (2001), referred to as "RICD Rules." The RICD Rules are <br />included within the appendix of this document. In addition, the Colorado Water <br />Conservation Board adopted a policy regarding Recreational In-Channel Diversion . <br />proposals. The policy became effective November 19, 2001, and a copy of the policy is <br /> <br />3 <br />