Senate Bill 37 - Testimony of Rod Kuharich

• Description: RICD Legislation - SB 37
• State: CO
• Date: 1/1/3000
• Author: Rod Kuharich
• Title: Senate Bill 37 - Testimony of Rod Kuharich
• Water Supply Pro - Doc Type: Legislation

Senate Bill 37- Testimony of Rod Kuharich
My name is Rod Kuharich and I am the Director of the CWCB. Our Board has
extensive authority over many important issues related to water resources, including
certain specific authority regarding Recreational In Channel Diversions, or RICDs. My
Board had not taken a position on Senate Bill 37, but I have been asked to appear to
comment on the legislation, and answer any questions.
Prior to Senate Bill 01 -216, there were six in- channel recreational cases, and each
of those is now decreed. [Ft. Collins, Littleton, Golden, Vail, Breckenridge, and Aspen]
Post Senate Bill 01 -216, there have now been seven applications to date. Of
those, the Board has settled four cases [Longmont, Silverthorne, Gunnison, Steamboat],
the Board is in active settlement discussions regarding two cases [Pueblo and Chaffee
County], and seventh case was just filed in December 2005, so the Board has not
undergone its review yet. [Avon]
While RICDs and the RICD the process has certainly undergone more than their
fair share of growing pains, the Board is becoming more at ease with reviewing these
types of water rights, and complying with the current laws and rules. However, it is
entirely appropriate for the General Assembly to status of the law regarding RICDs and
to see if they can provide additional legislative guidance. As such, I offer my testimony
today on the current legislation, and on a few amendments that have been discussed at the
Water Congress.
The current bill does several things that are helpful towards illuminating the body
of law related to RICDs.
It clarifies the Board's role in that the Board's review would be focused on three
areas where the Board has been recognized to have specific expertise and
knowledge— maximum utilization, compact impairment, and injury to instream
flow water rights.
It defines control structures such that they must have been constructed, rather
than occurring naturally, and such that a registered Professional Engineer must
design these structures. These are important and appropriate changes, as public
safety is at issue. We are all aware that two deaths occurred this summer at
manmade parks and to the extent that this provision could help prevent similar
tragedies from occurring in the future, these are appropriate changes.
The limit of reasonable recreational experiences to kayaking seems appropriate
since most of these parks have been designed with kayaking in mind, and since
minimum flows for that specific experience is definable and measurable.
I would suggest that the removal of the word: "minimum" is not something that I
would personally support. These types of water right applications have been as
high as 1400 cfs and 1800 cfs (and that is with the word minimum is in the