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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a,

Any person may present testimony or offer evidence regarding the RICO
or the factors that the Board consi<\ers,
The hearing officer shall deteffi1ine the date and location of all hearings.
The Board shall mail a notice of the hearing to the Applicant, to the
county commissioners of the counties identified in Rule 5 above, and to all
parties, Such notice shall be mailed at least 15 days prior to the hearing
date. .
All Board hearings may be recotded by a reporter or by an electronic
recording device, Any party requ~sting a transcription of the hearing shall
be responsible for the cost of the transcription.
The Hearing Officer shall determine. the order of testimony for the
hearing, and shall decide other procedural matters related to the hearing,
The Board may take final action at the hearing or at a later date.

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b,
c,

d.

e.

f,

10. Findings, The Board shall consider the foliowing factors when making its written
findings of fact and final recommendation to the water court:
a. Whether the adjudication and administration of the RICD would impair
the ability of Colorado to fully develop and place to consumptive
beneficial use its compact entitlements;
b, Whether the RICD is for an appropriate reach of stream required for the
intended uses;
c. Whether there is access for the intended recreational in-channel uses:
d, Whether the exercise of the RICD would cause material injury to ISF
water rights: .
e, Whether adjudication and admiriistration of the RICD would promote .
maximum utilization ofthe waterS of the State;
f. Whether the flow amounts sought represent the minimum stream flow to
provide a reasonable recreation experience in and on the water:
g, Whether the Applicant is or will: be diverting, capturing, and controlling
the water with physical control str,ilctures:
h. Whether the upstream and dowpstream termini have been adequately
defined by physical control struc$e(s);
i. What the appropriate season ofus.e and time of use should be:
j, Whether additional gages or measuring devices are necessary for proper
administration of the RICD: I
k, Whether the necessary peffi1its ha've been applied for, and/or acquired:
1. Whether the amounts requested in the RICD application are available for
approprimwn; :
m, Whether the water quality of the ~tream is appropriate for the recreational
use being sought: :
n. Whether the RICO will affect the; water quality classification such that the
RICD is inappropriate; ,
o. Whether the RICD will have a negative effect on current flood elevations;
p, Whether there are plans for future uses of water upstream of the RICO:
and, '

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