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<br />"'-) "'I r,l <br />,c.. ,) ',I <br /> <br />RECREATIONAL IN-CHANNEL DIVERSION ("RICD") POLICY REGARDING <br />TECHNICAL CRITERIA <br /> <br />EFFECTIVE DATE <br />November 21, 2003 <br /> <br />PURPOSE <br />The Colorado Water Conservation Board ("CWCB"), pursuant to sections 37-92-102(5), 37-92-102(6) & 37-92- <br />305(13), C.R.S. (2002), is required to file with a water court findings of fact and recommendations regarding an <br />application for an RICO. The purpose of this policy is to provide further guidance regarding technical criteria to <br />entities considering applying for an RICD, as well as entities that have applied for an RICO. This policy is adopted to <br />assist applicants for RICDs in developing successful and comprehensive applications before the CWCB and the water <br />courts. <br /> <br />APPLICABILITY <br />This policy applies to all RICD proposals. <br /> <br />POLICY <br />1. The attached Technical Criteria and Policy Manual ordinarily may be considered by the CWCB as a set of <br />flexible minimum guidelines as to evaluate whether an RICD should be granted and under what conditions the <br />CWCB should recommend approval of an RICD. This Technical Criteria and Policy Manual is not a <br />substitute for the RICD rules or the existing policy regarding RICDs, but rather a list of additional criteria and <br />policy considerations that the CWCB may use in evaluating RICD applications. <br /> <br />2. The Technical Criteria and Policy Manual serves the Board in an advisory manner to explain the meaning <br />ofterms in Senate Bill 216 and describes the types of factors that the Board will consider in future RICD <br />hearings without binding the Board to any particular result. <br /> <br />3. Complying with the Technical Criteria and Policy Manual is not a requirement to obtain CWCB approval of <br />an RICD; however, in general, the Board will favorably consider RICDs that comport with the Technical <br />Criteria and Policy Manual. <br />