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<br />STATE OF COLORADO
<br />
<br />.
<br />
<br />Colorado Water Conservation Board
<br />
<br />Department of Natural Resources
<br />1313 Sherman Street, Room 721
<br />Denver, Colorado 80203
<br />Phone, (303) 866-3441
<br />FAX: (303) 866-4474
<br />www.cwcb.state.co.us
<br />
<br />
<br />MEMORANDUM
<br />
<br />Bill Owens
<br />Governor
<br />
<br />To:
<br />
<br />Members, CWCB
<br />
<br />Russell George
<br />Executive Director
<br />
<br />From: Ted Kowalski, RICD Program Manager
<br />
<br />Rod Kuharich
<br />ewes Director
<br />
<br />Date: March 8, 2006
<br />
<br />Rick Brown
<br />Acting Deputy
<br />Director
<br />
<br />Re: Agenda Item 12, March 22-23, 2006 Board Meeting, Water Supply Protection
<br />Section-RICD Legislation Update SB037.
<br />
<br />.
<br />
<br />Backl!round
<br />You may recall that last year the General Assembly considered legislation, in the form of Senate Bill 62,
<br />that would have amended the law regarding Recreational In Channel Diversions ("RICDs"). That bill
<br />passed in the Senate, but ultimately died in the House. In the summer of2005, the Water Resources
<br />Interim Committee held several hearings, in various locations in Colorado, about RICDs, The Interim
<br />Committee ultimate passed draft legislation, which was introduced by Senator Isgar as Senate Bill 37,
<br />Representative Curry is the House sponsor, The Senate unanimously passed Senate Bill 37 out of the
<br />Senate, with a number of amendments, The House assigned the bill to the House Agriculture and Natural
<br />Resources Committee and there is a hearing scheduled before that committee on March 20, 2006,
<br />
<br />Currently the draft bill does the following:
<br />
<br />I, Requires the Board to make findings of fact and recommendations regarding only three factors:
<br />maximum utilization, compact entitlements, and injury to instream flow water rights, The
<br />Board's findings shall be presumptive as to such facts before the water court, subject to rebuttal
<br />by any party,
<br />2. Eliminates the requirement that the Board hold a hearing, but rather provides that the Board must
<br />deliberate at a public meeting,
<br />3, Defines control structures such that they must be efficiently designed, by a professional
<br />engineer, and constructed so that that they will operate efficiently and without waste,
<br />4, Does not apply retroactively to applications that have already been filed,
<br />5, Defines "reasonable recreation experience" to be the use of an RICD for, and limited to, boating,
<br />6, Establishes presumptions that an RICD should be between one-half hour after sunrise until one-
<br />half hour after sunset, and from April I until Labor day of each year unless the applicant can
<br />demonstrate that there will demand for recreation in additional months or at other times of day,
<br />7, Establishes a presumption that there will not be if1iury if an appropriation or change does not
<br />exceed 1/10 of 1% of the lowest flow sought for an RICD, with a cumulative maximum effect of
<br />2% of the lowest flow sought for an RICD (referred to as a de minimis provision),
<br />
<br />Colorado Watee Conservation Board
<br />Flood Protection. Water Supply Planning and Finance. Stream and Lake Protection
<br />Water Supply Protection. Conservation and Drought Planning
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