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Up The Street Gondolas

Proposed RICD bil (draft)

A bill suggesting changes in how recreational in-channel diversions (RICD’s), to be submitted to Colorado’s House and Senate, is being drafted by Senator Isgar and Representative Curry. 

Changes to RICD of concern:

  • This is a retroactive bill:  The bill will include any proposal submitted after January 1, 2006
  • The bill defines a recreational experience to include only kayaking:  No tubing, rafting or canoeing
  • The bill limits RICD requests to the months between April 1 and Labor Day:  No winter months would be allowed.
  • The bill limits RICD requests to a half hour after sunset and a half hour before sunrise.
  • The bill restricts the ability to call on water from junior rights holders when the flow of the river is 90% or less than allotted RICD:  This means that if the measured natural flow of the river is 90% percent of the allotted RICD than the City of Durango cannot call on junior rights to stop drawing water.  Junior rights holders are not restricted in this way.

Of primary concern to the Animas River Proposal is the retroactive aspect of the bill.  The City of Durango has been operating under the assumption that any changes to RICD’s would occur after it submits its proposal.  This bill would impose the new restrictions on the city’s application.

Also of principal concern is that the bill will remove the ability to call on junior water rights once the rivers natural flow falls to 90% of the RICD request.  This essentially removes the RICD from the picture during periods of low seasonal flows (i.e. drought).  These same restrictions are not placed on more junior water rights holders.  The result is that at very low seasonal flows the RICD would no longer be in effect, allowing more junior water rights to continue drawing water from the Animas unhampered.

The restriction of RICD’s to summer months (between the April 1 and Labor Day) is also of concern.  Currently the Animas River is under appropriated and water continues to flow during the winter months.  Water will continue to be an issue in the southwest, and as the population of the Four Corners Region continues to grow it is conceivable that available water will become tapped.  This could leave a dry river bed during low flow seasons, winter months.

The definition of recreation as kayaking only results in a very strict narrow interpretation of uses of the river.  What happens if kayaking no longer becomes a primary use of the river?  Can the RICD be revoked?  Many users appreciate the Animas and benefit use the river under the more traditional terms of recreation.

Please write to Senator Isgar and Representative Curry to make changes to the bill.

Colorado State Senator, District 6
Office Location: 200 E. Colfax
Denver, CO 80203
Phone: 303-866-4884
E-mail: isgarsenate@frontier.net

Kathleen Curry
P.O. Box 7130
Gunnison, CO 81230
970-209-553