Rec Water Flows Not Fun for State (2)

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Kowalski, Ted Prom: Miller, Steve Sent: Monday, September 19, 2005 11:44 AM To: Kuharich, Rod; Kowalski, Ted; Seaholm, Randy; Merriman, Dan; Brown, Rick Subject: Rec water flows not fun for state I feel your pain. Steve Miller Water Supply Protection and Planning Specialist Colorado Water Conservation Board 1313 Sherman Street, Room 721 Denver, CO 80203 email: steve.miller(a - )-state.co.us 303 - 866 -3532 [fax 303 - 866 -4474] [cell 303 - 829 -1650] The Pueblo Chieftain Online Published: Saturday September 17, 2005 Rec water flows not fun for state By CHRIS WOODKA THE PUEBLO CHIEFTAIN The Colorado Water Conservation Board continues to grapple with making rules to deal with a new kind of water right for recreation, the state's chief of natural resources said Thursday. Russ George, executive director of the Colorado Department of Natural Resources, spoke about recreational in- channel diversions Thursday at the meeting of the Southeastern Colorado Water Conservancy District. Earlier this week, the CWCB held a hearing on rules, but won't reach a decision until later this year or early next year, depending on the shape of new legislation regarding the rules. An attempt to clarify RICDs failed in the Legislature earlier this year. "On Monday, the CWCB slogged through RICD rules," George said. "This is one of the thorniest, toughest, most unmanageable legal issues we've ever had to deal with." Recreational water rights first were explored by Fort Collins in the early 1990s, George said. Now, there are more cases throughout the state. Earlier this year the Supreme Court struck down an RICD on the Gunnison River and said the CWCB was to rule on applications before them, rather than adjusting the specific numbers of those applications. The CWCB acts as a referee through RICD hearings, and then must become an objector in water court on RICD applications. Two RICD cases are pending in Southern Colorado. Pueblo is seeking an RICD for its Downtown kayak course, and Chaffee County is attempting to gain an RICD on two reaches of the Arkansas River at Buena Vista and Salida. RICD requirements are not clearly defined, George said, creating problems for other water users trying to fit