Jo Evans

Recreational in-channel diversion (RICD) refers to the use of water in the stream channel where a structure controls the flow of the stream within a designated section in order to provide specific beneficial recreational uses. RICDs are decreed water rights.

There have been a number of court cases since Fort Collins originally sought, and obtained, an in-channel water right for fish ladders and a boat chute in the Poudre River to improve recreational use through the town.

In 2001, at the urging of the Colorado Water Conservation Board (CWCB), the legislature enacted a law to put specific limitations on the in-channel use of water for recreational purposes. Under the 2001 law, only governments may obtain the right for a recreational in-channel diversion. The specific recreational use is named. Recreational use means the minimum amount of water necessary for a "reasonable" recreational experience.

Unlike other in-channel uses, the CWCB has a gate keeper role in the review of a proposed recreational in-channel use. After filing an application for a recreational in-channel diversion, the applicant must go to the CWCB. The Board makes a number of evaluations of the proposed use, makes its recommendations to the court, and may defend its opinions in the court proceedings.

The issue remains a legislative battleground.