BOARD01898

• Board Meeting Date: 5/21/2001
• Description: Legislative Session Wrap-Up - SB 01-216 Implementation ‎(Recreational In-Channel Diversion Rules)‎
• Board Meetings - Doc Type: Memo

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STATE OF COLOMDO

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Colorado Water Conservation Board

Department of Natural Resources

1313 Sherm<ln Street, Room 721
Denver, Colorado 80203
Phone: [phone]
FAX' 1303) 866,4474
'NWw.cwcb,state.co,us

MEMORANDUM

TO:

Colorado Water Conservation Board Members

Rod Kuhari~
Dan Merrim
Ted Kowalsk

FROM:

DATE:

May 17,2001

1m:

BII/Owens
Covernor

Greg E. Walcher
Executive Director

i\od KUN'lIlch
CWeB Director

Oan McAuliffe
Deputy Direttor

Agenda Item 5b - Legislative Session Wrap-up-
SB 01-216 Implementation (Recreational In-Channel Diversion Rules)

Back!!round

As you may know, the General Assemblypassed SenateBi1l216 on the final day
of the regular legislative session. The Govemor has not signed the legislation yet, but he
is expected to sign it. The legislation: I) states that only local governmcntal entities may
obtain decrees for recreational in-channel diversions; 2) prohibits the changing of
conditional watcr rights to recreational in-channel diversion purposes; 3) refines the
definitions of "beneficial use" and "diversion" and defines "recreational in-channel
diversion" to mean the "minimum stream flow as it is diverted, captured, controlled, and
placed to beneficial use", [by a local governmental entity] ",for a reasonable recreation
experience in and on the water"; 4) provides that applications filed on or after January 1,
2001 shall, within 30 days of initiating any water rights filing for a recreational in-
channel diversion, be submitted by the Applicant to the Board for its review; 5) requires
that the Board hold a hearing, if requested by any party, and make findings of fact and a
final recommendation as to whether the application should be granted, granted with
conditions, or denied; 6) reqnires that the Board submit to the water court, within 90 days
after the closing period for filing statements of opposition for a recreational in-channel
diversion, its.findings of fact and a final recommendation; 7) provides that the Board's
findings of fact shall be presumptively valid as to such facts, subject to rebuttal by any
party; 8) lists certain factors that a water court and the Board must apply to recreational
in-channel diversions; and, 9) authorizes the Board to adopt rules to establish other
factors that should be considered by the Board and a water court in reviewing recreational
in-channel diversion applications,

Flood Protection. Water Project Planning <'lnd Financing. Stream and lake Protection
Water Supply Protection. Conservation Planning