BOARD02390

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

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C.R.S.. BY, OR UNDER THE DIRECT SUPERVISION OF, A PROFESSIONAL
ENGINEER AND CONSTRUCTED SO THAT IT WILL OPERA TE EFFICIENTLY AND
WITHOUT WASTE TO PRODUCE THE INTENDED AND SPECIFIED REASONABLE
RECREATION EXPERIENCE, CONCENTRATION OF RIVER FLOW BY A CONTROL
STRUCTURE CONSTITUTES CONTROL OF WATER FOR A RECREATIONAL
IN-CHANNEL DIVERSION,
(7) "Diversion" or "divert" means removing water from its natural
course or location, or controlling water in its natural course or location,
by means of a CONTROL STRUCTURE, ditch, canal, flume, reservoir,
bypass, pipeline, conduit, well, pump, or other structure or device; except
that, ON AND AFTER JANUARY 1, 2001, only a county, municipality, city
and county, water district, water and sanitation district, water
conservation district, or water conservancy district may FrLE AN
APPLICATION TO control water in its natural course or location BY MEANS
OF A CONTROL STRUCTURE for recreational in-channel diversions, 'fhis
dovo Hot apply tv appliGatiOIl5 fikJ plio! to Jalltla,y 1,2001.
(10.1) "REASONABLE RECREATION EXPERIENCE" MEANS THE USE
OF A RECREATIONAL IN-CHANNEL DIVERSION FOR, AND LIMITED TO,
BOATING. OTHER RECREATIONAL ACTIVITIES MAY OCCUR BUT MAY NOT
SERVE AS EVIDENCE OF A REASONABLE RECREATION EXPERIENCE.
(10.3) "Recreational in-channel diversion" means the minimum
AMOUNT OF stream flow as it is diverted, captured, controlled, and placed
to beneficial use between specific points defined by physical control
structures pursuant to an application filed by a county, municipality, city
and county, water district, water and sanitation district, water
conservation district, or water conservancy district for a reasonable
recreation experience in and on the water, BETWEEN ONE HALF HOUR

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