<br />STATE OF COLORADO
<br />
<br />Colorado Water Conservation Board
<br />
<br />Department of N aturaI Resources
<br />1313 Shennan Street, Room 721
<br />Denver, Colorado 80203
<br />Phone: (303) 866-3441
<br />FAX, (303) 866-4474
<br />www.cwcb.state.co.us
<br />
<br />
<br />Bill Owens
<br />GovetTlor
<br />
<br />To:
<br />
<br />Colorado Water Conservation Board Members
<br />
<br />Greg E. Walcher
<br />Executive Director
<br />
<br />From: Dan Merriman
<br />Ted Kowalski
<br />
<br />Rod Kuharich
<br />CWCB Director
<br />
<br />Date: May 2, 2002
<br />
<br />Dan McAuliffe
<br />Deputy Director
<br />
<br />Re: Agenda Item 20, May 20-21, 2002 Board Meeting, Stream and Lake Protection -
<br />Pendin~ Recreational In-Channel Diversion (RICD) Applications
<br />
<br />Backl!round
<br />In December, 2001, the Cities of Longmont and Pueblo each filed for a Recreational In-Channel
<br />Diversion ("RICD") water right. In March, 2002, the Upper Gunnison River Water Conservancy
<br />District ("UGRWCD") also filed for a RICD (Please see the attached letter from Cindy Covell and
<br />the attached application), As you know, these are the fust entities that are seeking RICDs after the
<br />passage of Senate Bill 216, and after the Board's adoption ofthe RICD rules, The RICD rules
<br />provide that an applicant, any party, or any Board member may request, within forty-five days ofthe
<br />Application Receipt Date, that the Board hold a hearing on a pending application, We have received
<br />written requests for a hearing in the Longmont and Pueblo cases, We have not yet received a
<br />request for a hearing in the UGRWCD case, Requests for a hearing in the UGRWCD case are due
<br />on or before May 25, 2002,
<br />
<br />Pursuant to Senate Bill 216 and the CWCB rules, the Board is required to file its fl11dings of fact and
<br />recommendations with the water court within 90 days after the final closing date for filing
<br />statements of opposition, unless the water court grants additional time,
<br />
<br />Pueblo
<br />In the Pueblo case, the Water Court has granted an extension of time until July 29,2002, Pueblo and
<br />the CWCB have requested a further extension of time, until August 15, 2002, but the Water Court
<br />has not ruled on this motion yet, The CWCB hearing is currently scheduled for July 22, 2002, in
<br />Pueblo, In addition, on April 25, 2002, the Hearing Coordinator issued an order establishing the
<br />deadlines for submittals by the Applicant, the parties, and the Staff, (See the attached order and
<br />amendment to the order), Pueblo has offered to host a tour of the facilities on Sunday July 21, 2002,
<br />Also Pueblo has provided copies of some of the information regarding its Application, This
<br />information was included with your May notebooks, but this information will be supplemented with
<br />the Applicant's prehearing statement (and other supporting data) on May 22, 2002,
<br />After the time had run for entities to file for party status, the CWCB Staff received requests for party
<br />status from the Southeastem Water Conservancy District and Crowley County, (See the attached
<br />requests for party status and statements of opposition),
<br />
<br />Flood Protection. Water Supply Planning and Finance. Stream and Lake Protection
<br />Water Supply Protection. Conservation and Drought Planning
<br />
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