BOARD02212

• Board Meeting Date: 3/22/2005
• Description: WSP Section - Pending Recreational In-Channel Diversion ‎(RICD)‎ Applications
• Board Meetings - Doc Type: Memo

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STATE OF COLORADO

Colorado Water Conservation Board

Department of Natural Resources
1313 Sherman Street, Room 721
Denver, Colorado 80203
Phone: (303) 866,3441
FAX: [phone]
www.cwcb.state.co.us

Bill Owens
Governor

To:

CWCB Members

Russell George
Executive Director

From: Ted Kowalski

Rod Kuharich
eweB Director

Date: March 14, 2005

Re:

Dan McAuliffe
Deputy Director
Agenda Item 34, March 22-23, 2005 Board Meeting, Water Supply Protection-
Pending Recreational In.Channel Diversion (RICD) Applications

Backl!round '
In December 2004, the Town of Silverthorne and Chaffee County each filed for a Recreational In-
Channel Diversion ("RlCD") water right, The RlCD rules provide that an applicant, any party, or
any Board member may request, within forty-five days of the Application Receipt Date, that the
Board hold a hearing on a pending application. We have received a written request for a hearing in
each case. See the attached letters. Pursuant to the Board's rules, the Executive Director has
recommended that Pat Kowaleski serve as the hearing coordinator in both cases.

Pursuant to Senate Bil1216 and the CWCB rules, the Board is required to file its fmdings off act and
recommendations with the water court within 90 days after the final closing date for filing statements
of opposition, unless the water court grants additional time. For both cases, the date by which the
Board would be required to submit its findings of fact and recommendations would be May 27,
2005. In both cases, parties have requested that the Board request that the water court grant
additional time to file its findings of fact and recommendations, and if such requests are granted,
delay the hearing dates so that negotiations can be given time to occur. See the attached letters.

Rule 14 of the Board's Rules provides: "Pursuant to section 37-92-102(6)(c), C.R.S. (2001), the
Board shall submit its Findings of Fact and recommendation to the water court within 90 days after
the final closing date for filing statements of opposition. However, the Board, for good cause shown
on the record, may request that the water court grant additional time to the Board for making and
reporting its Findings of Fact and recommendations," Thus, pursuant to this Rule, the Board may
request "for good cause shown on the record" that the water court grant additional time. This is
solely within the discretion of the Board.

Staff Recommendation
Chaffee County
The Southeastern Colorado Water Conservancy District requested a hearing, The Applicant has,
indicated by letter that it intends to ask the Board to request that the water court grant additional time
to the Board for making and reporting its Findings of Fact and recommendations. The Applicant has
Flood Protection. Water Supply Plalming and Finance. Stream and Lake Protection
Water Supply Protection. Conservation and Drought Planning