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<br />Rules concern]n!!' recreational in-channel diversions
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<br />1. Title, Rules concerning recreational in-channel diversions, adopted pursuant to
<br />section 37-92-102, C,R.S. (2000), and hereinafter referred to as the "RICD Rules,"
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<br />2, Purpose. The purpose of these Rules is to set forth the procedures to be followed by:
<br />I) Applicants for recreational in-channel diversions; and 2) the Colorado Water
<br />Conservation Board when making findings of fact and recommendations to a water
<br />court regarding recreational in-channel diversions, By this reference, the Board
<br />incorporates the Basis and Purpose statement prepared and adopted at the time of
<br />rulemaking, a copy of which is on file at the Board's office,
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<br />3. Statutorv authority, The Genera] Assembly specifically recognized the appropriation
<br />and adjudication of recreational in-channel diversions by local governmental entities,
<br />pursuant to sections 37-92-102, 37-92-103, C.R.S, (2000), and 37-92-305, C,R.S,
<br />(2000), The statutory authority for these Rules is found at Section 37-92-
<br />102( 6)(b )(VI),
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<br />4, Definitions.
<br />a. Board. Means the Colorado Water Conservation Board as defined in Section 37-
<br />60-101, 103 and 104, C.R,S, (2000),
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<br />b. ~ Means the Director of the Colorado Water Conservation Board and other
<br />personnel employed by the Board,
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<br />c, Person. Means any human being, partnership, association, corporation, municipal
<br />entity, county government, state government or agency thereof, or federal
<br />government or agency thereof.
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<br />d, Local governmental entit)(, Means a county, municipality, city and county, water
<br />district, water and sanitation district, water conservation district, or water
<br />conservancy district existing in the State of Colorado,
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<br />e, Recreational in-channel diversion (hereinafter referred to as "RICD"). Means the
<br />minimum stream flow as it is diverted, captured, or controlled, and placed to
<br />beneficial use at a specific point or between specific points defined by physical
<br />control structures pursuant to a water court application filed by a local governmental
<br />entity for a reasonable recreation experience in and on the water,
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<br />f. ISF, Means any water, water rights or interests in water appropriated or acquired
<br />by the Board for preservation of the natural enviromnent to a reasonable degree. No
<br />other person or entity may appropriate such rights, for any purpose whatsoever, in the
<br />State,
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<br />g, Board's office. Means the Colorado Water Conservation Board's office, located
<br />at 1313 Sherman Street, 7th Floor, Denver, CO 80203, The phone number is (303)
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