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I I I I I I I I I I I I I I I I I I I 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 830 P.2d at 932. COLO. REV. STAT. ~ 37-92-102(3). 830 P.2d at 930. 830 P.2d at 931. 830 P.2d at 931. Board of County Comm'rs. of the County of Arapahoe v. Upper Gunnison River Water Conservancy Dist., 838 P.2d 840 (Colo. 1992). The Taylor Park Reservoir and Gunnison Tunnel are part of the Bureau of Reclamation's Uncompaghre ProjecL Act of June 22, 1938, ch. 577, 52 StaL 941 (1938) (codified at 43 U.S.c. ~~ 371-84 (1988)). The Aspinall Unit, which was initially termed the Curecanti Unit, is composed of three reservoirs: Blue Mesa, Morrow Point, and Crystal. It was authorized in the Colorado River Storage Project Act ("CRSPA"), ch. 203, 70 Stat. 105 (codified as amended at 43 U.S.c. ~~ 620-6200) (enacted April 11, 1956). Under Colorado's unique water court system, a later filed claim (such as the Gunnison District's) can beat out earlier filed claims (such as those of the Front Range diverters) so long as it is filed in the same calendar year and claims an earlier priority date. In a separate filing the Upper Gunnison District also sought to add fishery purposes to the original water right (decreed in 1941 with a 1904 priority date) for the Taylor Park Reservoir. This was denied on the basis that the Upper Gunnison District did not hold that right and had no authority to change it. 42. An important side issue in this debate was the calendar date on which accounting was to begin each year for administration purposes. Suffice it to say that the Upper Gunnison argued (and won) a fixed November 1 administration date (which is consistent with how irrigation reservoirs are typically administered), while the district's opponents argued for a floating date set when the reservoir was at its lowest point during the year (which is consistent with how multi-purpose reservoirs are typically administered). 43. As enacted in 1973, Colorado's law also was silent on whether it authorized transfers to instream use. In 1986 the legislature clarified that instream flow water rights could be obtained by transfer of existing rights as well as appropriation of unappropriated water. Senate Bill 91, 1986 Colo. Sess. Laws ch. 235 at 1095-96 (codified at COLO. REV. STAT. ~ 37-92-102(3) (1990)). 44. The 1991 version was designated Senate Bill 1087. The 1992 version was not even printed by the committee. 45. Nebraska Game and Parks Comm'n. v. The 25 Corp., Inc., 463 N.W. 2d 591 (Neb. 1990) (aka In re Application A-16642). 46. NEB. REV. STAT. ~~ 46-2, 107 to 46-2, 119 (1988 and Supp. 1992). 2-19