2 CCR 408-3-4 - Definitions

a. Applicant. Means a local governmental entity that has filed a water court application for a RICD on or after January 1, 2001.

b. Application Receipt Date. Means the date that the board receives a copy of the RICD application.

c. Application. A water court application filed with the CWCB for consideration under these rules.

d. Beneficial Use. Is defined as stated in Section 37-92-103(4), C.R.S., which is incorporated herein by reference.

e. Board. Means the Colorado Water Conservation Board as defined in sections 37-60-101, 103 and 104, C.R.S.

f. Board's Office. Means the Colorado Water Conservation Board's office, located at 1313 Sherman Street, 7th Floor, Denver, CO 80203. The phone number is (303) 866-3441. The facsimile number is (303) 866-4474. The board's website is http://www.cwcb.state.co.us.

g. Compact Entitlements. Means all of Colorado's water entitlements pursuant to interstate compacts, equitable apportionments, supreme court rulings designating water apportionments, or any other legally recognized designation of apportionment of interstate waters.

h. Director. Means the director of the Colorado Water Conservation Board, who is the chief administrative head of the board, under the direction and supervision of the board, and who has general supervision and control of all its activities, functions, and employees.

i. Findings of Fact and Recommendation. Means the written factual findings of the board regarding the factors set out in section 37-92-102(6), C.R.S. and the RICD Rules and the written recommendation of the board to the water court as to whether an application for a RICD should be granted, granted with conditions, or denied.

j. Hearing Coordinator. Means the person appointed by the director to be responsible for establishing the procedures, to the extent not otherwise set forth herein, which will govern the conduct of any public hearing on a RICD.

k. Instream Flow (hereinafter referred to as "ISF"). Means any water, water rights or interests in water appropriated or acquired by the board, pursuant to section 37-92-102(3), C.R.S., for the preservation of the natural environment to a reasonable degree. Pursuant to section 37-92-102(3), C.R.S., no other person or entity may appropriate such rights, for any purpose whatsoever.

l. Local Governmental Entity. Means a Colorado entity authorized to appropriate a RICD and includes a county, municipality, city and county, water district, water and sanitation district, water conservation district, or water conservancy district.

m. Party. Means any person who has filed a statement of opposition to a RICD, or any person who has filed for party status pursuant to Rule 10 of the RICD Rules.

n. Person. Means an individual, a partnership, a corporation, a municipality, the state of Colorado, the United States, or any other legal entity, public or private.

o. Reasonable Recreation Experience. Means an experience in and on the water that would allow individuals with suitable skills and abilities relating to the specific recreational activity for which the water right is being sought to partake in that activity including any objectively reasonable recreation experience of the type identified in the RICD application in and on the particular stream in question.

p. Recreational In-Channel Diversion. Means "the minimum 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 local governmental entity for a reasonable recreation experience in and on the water." § 37-92-103 (10.3), C.R.S. (2004).

q. Staff. Means the Director and other personnel employed by the board.

Notes

2 CCR 408-3-4