BOARD02223

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

COLORADO WATER CONSERV ATlON BOARD

Department of Natural Resources
. Bill Owens, Governor
Greg Walcher, DNR Executive Director
Rod Kuharich, CWCB Director July 2001

FACT SHEET CONCERNING IN-CHANNEL
RECREATIONAL DIVERSIONS

Background

In 1992 the Colorado Supreme Court held that entities may
obtain a water right for a flow within a stream channel if
the entity controls the water to serve the intended purpose.
The decision allowed Fort Collins to obtain a water right
for 30 cfs in the summer and 5-cfs in the winter for a boat
chute located on the Cache La Poudre River.

In 1999 another decree was awarded to Littleton for 100 cfs
for its kayaking course on the South Platte River.

.In 2001, the City of Golden obtained a water right decree
for up to 1000 cfs in Clear Creek - essentially all the
available flow.

Because "control" was not statutorily defined and the Fort
Collins decision is very broad, entities could have obtained
a water right without having done much to the stream.

In December 2000, applications were filed by Breckenridge
and the Eagle County Water and Sanitation District (Vail),
and by the Browns (citizens in water division 4), each
claiming a large portion ofthe available water in the river.

Then, in the 200 I legislative session, the Colorado General
Assembly acted by passing SB 01-216, which includes
provisions requiring the Colorado Water Conservation
Board (CWCB) to make findings and adopt rules consistent
with the bill.

The CWCB is holding public hearings about the rules and
will begin the formal rule-making process in fall 200 1.

.

Boat chutes exist or are being designed in:
Aspen Boulder Denver Durango
Fort Collins Golden Grand Junction
Gunnison Littleton (South Suburban)
Littleton (Union Avenue) Ouray
Salida Stearnboat Springs

Pueblo
Vail

Summary

SB 01-216, signed into law on June
5,2001, provides:

· That only local governments can
obtain recreational water rights.

. A definition of ''beneficial use"
to include in-channel diversions.

· For the CWCB to make findings
regarding the protection of
Colorado's interstate compact
entitlements; the appropriateness
of the strearn reach for the
intended use; reasonable &
appropriate water use and to
submit its findings to water court.