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<br />TERM IS DEFINED IN SECTION 12-25-102, C.R.S., OR UNDER THE DIRECT <br />SUPERVISION OF A PROFESSIONAL ENGINEER, AND CONSTRUCTED SO THAT IT <br />WILL OPERATE EFFICIENTLY AND WITHOUT WASTE TO PRODUCE THE <br />INTENDED AND SPECIFIED REASONABLE RECREATION EXPERIENCE. <br />CONCENTRATION OF RIVER FLOW BY A CONTROL STRUCTURE CONSTITUTES <br />CONTROL OF WATER FOR A RECREATIONAL IN-CHANNEL DIVERSION. <br /> <br />. <br /> <br />(7) "Diversion" or "divert" means removing water from its natural <br />course or location, or controlling water in its natural course or location, by <br />means of a CONTROL STRUCTURE, ditch, canal, flume, reservoir, bypass, <br />pipeline, conduit, well, pump, or other structure or device; except that, ON <br />AND AFTER JANUARY 1,200 I, only a county, municipality, city and county, <br />water district, water and sanitation district, water conservation district, or <br />water conservancy district may FILE AN APPLICATION TO control water in its <br />natural course or location BY MEANS OF A CONTROL STRUCTURE for <br />recreational in-channel diversions. This dOGS uOlllppl}> to IIpplic;atiolls fikd <br />(Him to JanuaIY 1, 2eOl. <br /> <br />(10.1) "REASONABLE RECREATION EXPERIENCE" MEANS THE USE OF <br />A RECREATIONAL IN-CHANNEL DIVERSION FOR, AND LIMITED TO, <br />NONMOTORIZED BOATING. OTHER RECREATIONAL ACTMTIES MAY OCCUR <br />BUT MAY NOT SERVE AS EVIDENCE OF A REASONABLE RECREATION <br />EXPERIENCE. <br /> <br />. <br /> <br />(10.3) "Recreational in-channel diversion" means the minimum <br />AMOUNT OF stream flow as it is diverted, captured, controlled, and placed <br />to beneficial use between specific points defined by physical control <br />structures pursuant to an application filed by a county, municipality, city <br />and county, water district, water and sanitation district, water conservation <br />district, or water conservancy district for a reasonable recreation experience <br />in and on the water FROM APRIL I TO LABOR DAY OF EACH YEAR UNLESS <br />THE APPLICANT CAN DEMONSTRATE THAT THERE WILL BE DEMAND FOR THE <br />REASONABLE RECREATION EXPERIENCE ON ADDITIONAL DAYS. THE <br />RECREATIONAL IN-CHANNEL DIVERSION SHALL BE LIMITED TO ONE SPECIFIED <br />FLOW RATE FOR EACH TIME PERIOD CLAIMED BY THE APPLICANT. <br />INDIVIDUAL TIME PERIODS SHALL NOT BE SHORTER THAN FOURTEEN DAYS <br />UNLESS THE APPLICANT CAN DEMONSTRATE A NEED FOR A SHORTER TIME <br />PERIOD. THERE SHALL BE A PRESUMPTION THAT THERE WILL NOT BE <br />MATERIAL INJURY TO A RECREATIONAL IN-CHANNEL DIVERSION WATER <br />RIGHT FROM SUBSEQUENT APPROPRIATIONS OR CHANGES OF WATER RIGHTS <br /> <br />PAGE 3-SENATE BILL 06-037 <br /> <br />. <br />