BOARD02252

• Board Meeting Date: 5/16/2006
• Description: Legislative Update - Review of Important Water Legislation
• Board Meetings - Doc Type: Memo

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recreation experience from April I to Labor Oay of each year unless the applicant can
demonstrate that there will be demand for the reasonable recreation experience on
additional days. The RlCD shall be limited to one specific flow rate for each time period
claimed by the applicant, and individual time periods shall not be shorter than 14 day
unless the applicant can demonstrate a need for a shorter time period.
6. Establish a presumption that there will not be material injury if a subsequent appropriation
or change of water rights does not exceed lito of 1% of the lowest decreed rate of flow for
an RICO, with a cumulative maximum effect of2% of the lowest decreed rate of flow for
an RlCD (sometimes referred to as a "de minimis provision").
7. Provide that an owner of a water right for an RlCD may not call for water that has been
lawfully stored by another appropriator.
8. Require the water court to consider the Board's findings on the three factors, which
findings shall be presumptive as to such facts subject to rebuttal by any party. In addition it
will require the water court to consider evidence and make affirmative that the RICO will:
a. "not materially impair the ability of Colorado to fully develop and place to
consumptive beneficial use its compact entitlements;
b. promote maximum utilization of waters of the state;
c. include only that reach of stream that is appropriate for the intended use;
d. be accessible to the public for the recreational in-channel use proposed; and
e. not cause material injury to instream flow water rights appropriated pursuant to
section 37-92-102(3) and (4)."
9. Require the water court, when determining whether the intended recreational experience is
reasonable, to consider all of the factors that bear on the reasonableness of the claim
including the flow needed to accomplish the claimed recreational use, benefits to the
community, the intent of the appropriator, stream size and characteristics, and total
streamflow available at the control structures during the period or any subperiods for which
the application is made.
\ O. Provide that if the court determines that a proposed RICO would materially impair the
ability of Colorado to fully use its compact entitlements, the court shall deny the
application.
II. Require the water court to make a finding in the decree as to the flow rate below which
there is no longer any beneficial use of the water at the control structures for the decreed
purposes.
12. Provide that if the other elements of an RICD are satisfied, the decree shall specify the total
volume of water represented by the flow rates decreed for the RICO and defines the total
volume as the sum of flow rates in cfs for each day multiplied by 1.98. Moreover, if the
court determines that the total volume of water represented by the flow rates decreed for the
RICD exceeds fifty percent the sum of the total average historical volume of water for the
stream segment where the RICD is located for each day on which a claim is made, the
decree shall: I) specify that the State Engineer shall not administer a call for a recreational
in-channel diversion unless the call would result in at least eighty five percent of the
decreed rate for the applicable time period; 2) limit the RICO to no more than three time
periods; and 3) specify that each time period is limited to one flow rate.
13. Provide that the act only will apply to applications for and the administration of new
RICDs filed on or after the effective date of the act and shall not apply to applications for
reasonable diligence or to make absolute RICOs that were decreed or applied for prior to
the effective date of the act.

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Flood Protection. Water Project Planning and Financing. Stream and Lake Protection
Water Snpply Protection' Conservation Planning