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<br />6 .. Gunni~on Country Times Thursday, Septe~ber 25, 2003 " . <br /> <br />...~.-.....a.....-- __~ _____.._. _ _ .. .._..1.---........... IT ~______ .._ _ __ _____ <br /> <br /> <br /> <br /> <br />State pl~ys..water diversion ca.rd:at R <br /> <br />Alan Wartes. v~rsion and i~ allowed by rela- <br />tively new Colorado legislation. <br />It is hard ~~ imagine sus-. The law requites the Colorado <br />pense and intrigue in a hearing Water Conservation Board to re- <br />over ,water ri"ghts for recre- " vie~ such applications and make <br />ational boatirig on' the Gunni-' recommendations to the water <br />son River. Yet, (or four and a court pri,or to adjudication of the <br />,half days last week, arguments. right.. La5!t spring,- the CWCB <br />-in the trial demo~strated where met ~n Gunnison and voted to <br />water is most likely to be fou~d, recommend a flow of only 270 <br />in the Wes-t: at the center of efs. Later" the" board voted to for- <br />controversy. rtuilly oppose the application. <br />At issue_ this time is the recent " Arguments presented by attor- <br />Upper Gunnison River Water neys fqr the CWCB in nearly a <br />ConserVancy-District application week of testimony centered on ' <br />fot the right to keep 1 )500 cubic one issue: the 'potential for the <br />feet per second flowing at the" RICD right to d~mage the s'tate's <br />Gunnison WhHewater Park d~r- ability to huild a trans-mountain <br />ing the, peak of the runoff. se~- diversion project in the Upper <br />son. The:. application req~ester;:l. Gu-nnison basi~. <br />smaller amounts in early. sum": (q~le thought there'''You1d be a <br />mer" and fall. -the right is called lot more energy' spent on the ap-" <br />a, Recr~ational ll)-Chann'el Di... plication itself, and whethe~ the <br /> <br />flows we asked for were appro- <br />priate," said Uq~WCD manager <br />Kathleen Curry~ (lBut it' was all <br />about the (RICO's) impact on <br />upstream develonment of wa.tq" <br />for "out of basin uses. n <br />Governor Owens has stated <br />publicly that he will not approve <br />any trans-nioun.t~in" diversion <br />project in the Gun.nison Basin~- <br />The director of, the Colo~ado <br />Department" .-'of'"" Natural <br />Resources, Greg Walther.. who <br />oversees the CWCB, has publicly <br />echoed the j;overnor's claim. . <br />((It certai~ly gives me pause," <br />said eu"rry. (tIt is veJ;y .unclear <br />why the governor and W~lcher <br />are" making these public state- <br />- ments and then the CCWCB pulls <br />out all th~ :stops to oppose the <br />RICO on the .grounds that it pre... <br />ven ts diversiori~>> <br /> <br />In. an interview >con Tuesda~ <br />Walcher said he was unaware of .- <br />, the strategy the' state~s lawyers: <br />elected to pursue in the case~ " <br />uDifferent people in sJate gov~ <br />erriment have different views/~ "- <br />he said. t1ThaLis not a vositibrt i <br />was aware of~ and not. one" I <br />would have approved of if-I had <br />been made aWare of it. n. . <br />In particular, .the- state?s ~ttor- <br />neys pointed to the Taylor Park <br />Project identified in the 1989 " <br />Phase One study done D,n wat~r <br />demand and st;tpply issiIes ih ~he, " , <br />Gunnison Basin. That proposal <br />would in~dive a complicated ex~:" <br />change" or purchase of Taylor ' <br />Reservoir water ftom curteri t " <br />owners. The water"would tJien" <br />become available for diversion to <br />the Front'Range~ {, <br />~~They put all their~ cardsc on <br />