BOARD02390

• Board Meeting Date: 3/21/2006
• Description: WSP Section - RICD Legislation Update SB037
• Board Meetings - Doc Type: Memo

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recommendation regarding whether the application should
be denied, granted, or granted with conditions;
Changing the definitions of "recreational in-channel
diversion" and "diversion" and adding definitions of
"control structure" and "reasonable recreation experience",
Limits the definition of "reasonable recreation experience"
to kayaking;
Requiring the water court to make specific findings
regarding the application;
Limiting the use ofRICDs to specified hours from April I
to Labor Day and specifying that a call will be administered
only if it results in delivery of at least 90% of the decreed
rate of flow for the applicable time period; and
Requiring the water court to retain jurisdiction for at least
20 years to allow reconsideration of the decree.
Applies the act only to applications for and the administration of
new RlCDs filed on or after the effective date of the act.

Be it enacted by the General Assembly of the State of Colorado:

SECTION 1. 37-92-102 (6) (a), (6) (b), and (6) (c), Colorado

Revised Statutes, are amended to read:

37-92-102. Legislative declaration - basic tenets of Colorado

water law. (6)(a) Falla", ;U5 a ptlblidl~alil,g" if,~'1dGstGd:") allY patty,

thG bvald "hall wakG findj,liS' of fad and a final ,~~olllmu,dation a" to

wl,dhcl thG applj(,alioh shvuld bG 5,a,ltGd, g,lantGd with cOhJ;tions, u,

J~u~(,d.

(b) III dGtGlllli,liu5 ~hGthG, [hG boa,d ,halllGGuulluG,ld [],at t],~

wak, ~utllt g,la,lt, 5wnt ~idl ~ullditi()n5, 01 dGlly "..d, applkaliou, The

board, AFTER DELIBERATION IN A PUBLIC MEETING, shall consider the
following factors and make written findings tl,GlGon AS TO EACH:
(I) Whether the adjudication and administration of the recreational
in-channel diversion would MA TERIALL Y impair the ability of Colorado
to fully develop and place to consumptive beneficial use its compact
entitlements;

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037