BOARD02223

• Board Meeting Date: 7/23/2001
• Description: Draft RICD Rules
• Board Meetings - Doc Type: Memo

.

DRAFT

.

Rules Concerninl! Recreational In-Channel Diversions

I. Title. Rules Concerning Recreational In-Channel Diversions, adopted pursuant to
section 37-92-102, C.R.S. (2000), and hereinafter referred to as the "RlCD Rules."

2. Statement of Basis and Purpose. The purpose of these Rules is to set forth the
procedures to be followed by: I) Applicants for Recreational In-Channel Diversions;
and 2) the Colorado Water Conservation Board when making Findings of Fact and
recommendations to a water court regarding Recreational In-Channel Diversions
(hereinafter referred to as "RICDs").

3. Statutory Authority. The General Assembly specifically recognized the
appropriation and adjudication of RlCDs by local govemmental entities, pursuant to
sections 37-92-102, 37-92-103, & 37-92-305, C.R.S. (2001). The statutory authority
for these Rules is found at section 37-92-102(6)(b)(VI), C.R.S. (2001).

.

4. Defiuitions.
a. Applicant. Means a Local Governmental Entity that has filed a water court
application for a RICD on or after January 1,2001.
b. Application Receipt Date. Means the date that the Staff receives a copy of the
RlCD application, and aU other information required under Rule 5 of the RlCD
Rules.
c. Beneficial Use. Is the use ofthat amount of water that is reasonable and
appropriate under reasonably efficient practices to accomplish without waste the
purpose for which the appropriation is lawfuUy made and, without limiting the
generality of the foregoing, includes the impoundment of water for recreational
purposes, including fishery or wildlife, and also includes the diversion of water by
a Local Governmental Entity for recreational in-channel diversion purposes. For
the benefit and enjoyment of present and future generations, "beneficial use" shall
also include the appropriation by the state of Colorado in the manner prescribed
by law of such minimum flows between specific points or levels for and on
natural streams and lakes as are required to preserve the natural environment to a
reasonable degree. (37-92-103(4), C.R.S. (2001)).
d. Board. Means the Colorado Water Conservation Board as defined in section 37-
60-101,103 and 104, C.R.S. (2001).
e. Board's Office. Means the Colorado Water Conservation Board's office, located
at 1313 Sherman Street, 7th Floor, Denver, CO 80203. The phone number is
[phone]. The facsimile number is [phone]. The Board's website
is http://www.cwcb.state.co.us.
f. Compact Entitlements. Means all of Colorado's water entitlements pursuant to
interstate compacts, equitable apportionments, Supreme Court rulings designating
water apportionments, or any other legaUy recognized designation of how
interstate waters are to be apportioned.
g. Director. Means the Director of the Colorado Water Conservation Board who
shall be the chief administrative head of the Board, under the direction and

.