BOARD02223

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

I

THE BOARD SHALL MAKE FINDINGS OF FACT AND A FINAL RECOMMENDATION
AS TO WHETHER THE APPLICATION SHOULD BE GRANTED, GRANTED "WITH
CONDITIONS, OR DENIED.

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(b) IN DETERMINING WHETHER THE BOARD SHALL RECOMMEND THAT
THE WATER COURT GRANT, GRANT WI1'H CONDITIONS, OR DENY SUCH
APPLICATION, THE BOARD SHALL CONSIDER THE FOLLOWING FACTORS AND
MAKE WRITIEN FINDINGS THEREON:

(I) WHETHER THE ADJUDICATION AND ADMINISTRATION OJ: 'tHE
RECREATIONAL IN-CHANNEL DIVERSION WOULD IMPAIR THE ABIi..I'rY o'F
COiORADO TO FULL YDEVELOP AND PLACE TO CONSUMPTIVE BmmFIctAL &S~
ITS COMPACT ENTITLEMENTS;

(II) THE APPROPRIATE REACH OF STREAM REQUniEti t6R' 'fItE
INTENDED USE;

(III) WHETHER THERE IS ACCESS FOR RECREATIONAl'. IN-cPJIANNEi

USE;

(IV) WHETHER EXERCISE OF TflE' RECRI:lATIbtlrAt iNCCHANNEL
DIVERSION WOULD CAUSE M1\TER1AL INruRY TOINSTREAM.'FLOW \VA:fElt'
RIGHTS APPROPRIATED PURSUANT TO SUBSECTIONS (3) AND' (4" OF TnIS'
SECTION;

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(V) WHETHER ADJUDICATION AND ADMINISTRATION OF THE
RECREATIONAL IN-CHANNEL DIVERSION WOULD PROMOTE MAXIMUM
UTILIZATION OFW ATERSOFTHE STATE AS REFERENCED IN PARAGRAPH (a) OF
SUBSECTION (1) OF THIS SECTION; AND

(VI) SUCH OTHER FACTORS AS MAY ,BE DETERMINED APPROPRIATE
FOR EVALUATION OF RECREATIONAL IN-CHANNEL DIVERSIONS AND SET
FORTH IN RULES ADOPTED BY THE BOARD, AFfER PUBLIC NOTICE ANt).
COMMENT.

(c) WITHIN NINETY DAYS AFfER THE FILING OF STATEMEJlitS'()F
OPPOSITION, THE BOARD SHALL REPORT ITS FINDINGS TO THE W ATERiCc\dR'f!
FOR REVIEW PURSUANT TO SECTION 34-92-305 (13). THE BOARD MAY'
DEFEND SUCH FINDINGS THROUGH PARTICIPATION IN THE WATER CouRt
PROCEEDINGS.

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