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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Proofthat the Board does not have an ISF on the affected stream reach, or
proof that the RICD will not cause material injury to an ISF on the
affected stream reach;
Proof that the RICD would promote the maximum utilization of waters of
the State;
Proofthat the amounts requested in the RICD application are available for
appropriation;
Proof of the effect that the RICD will have on the water quality
classification ofthe stream in question;
Proof that the water quality is appropriate for the recreational uses sought;
Any and all required Federal, State, and local permits and the applications
therefor. By way of example, without limiting this condition, under the
federal Clean Water Act, section 404 and section 401 pennits may be
required;
A written statement from the county in which the RlCD is located, and
from the adjacent upstream and downstream counties, indicating their
support for and/or concerns about the RICD;
Documentation of the effects that the RICD will have on current flood
elevations; and,
Infonnation about existing gages on the affected stream,

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6, Staffinput. After receiving and reviewing the infonnation provided by the Applicant
pursuant to Section 5 of the RlCD rules, the Staff shall provide a written report to the
Board, Such written report shall include recommended findings of fact and a Staff
recommendation, Staff shall provide the Applicant with a copy of the report. If the
Staff determines that the Applicant has not provided adequate information under Rule
5, the Staff shall notity the Applicant of such deficiencies, The Applicant shall have
seven days from its receipt of such notification to provide the necessary infonnation,

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7, Findings without a hearing, If no party has requested a public hearing, the Board may
adopt the Staff's recommended findings of fact and recommendation at any regularly
scheduled or special meeting of the Board, Within 90 days after the closing of the
period for filing of statements of opposition, pursuant to section 37-92-102(6)(c), the
Board shall report its findings to the water court for review. Said findings shall be
based on the record, The record shall include all submissions to the Board by the
Applicant, by the Staff, and by any party,

8. Reuuest for a hearing, Any party may request that the Board hold a public hearing
regarding a RlCD, Such requests must be submitted, in writing, to the Board office,
within 10 days after the closing of the period for filing statements of opposition.

9, Hearing Procedures, Once a hearing is requested pursuant to Rule 8 of the RICD
rules, the Director shall appoint a hearing officer to set the date of the hearing and
establish the procedures by which evidence will be offered.

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