PRRIP Purposes and Overview Draft (2)

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The Colorado Water Conservation Board, the State and Division Engineers for Water Division No. 4 and the Upper Gunnison River Water Conservancy District today entered into an agreement resolving the District's Recreational In-Channel Diversion ("RICD") water rights for its whitewater park. "This historic agreement recognizes the importance of recreation while promoting maximum utilization of Colorado's water resources," said Russell George, executive director of the Department of Natural Resources. "We are pleased that the CWCB and our Board have been able to put aside their differences and concentrate their efforts on reaching a mutually acceptable compromise," Karen Shirley, Director of the Upper Gunnison River Water Conservancy District ("UGRWCD"). The settlement reduces the flow amounts for several time periods from the amounts originally sought and includes a sophisticated trigger whereby the UGRWCD will not call for the RICD when the Gunnison Tunnel and Redlands Canal water rights are calling for, or could call for, their water rights. The District was one of the first applicants for an RICD water right after the passage of Senate Bi1101-216, in 2001. Senate Bill 01-216 provided authorized certain local governmental entities to obtain RICD water rights for the "minimum stream flow for a reasonable recreational experience" and also provided that entities comply with certain specified analytical burdens. The water court granted a water right to the District, and the CWCB appealed the decision to the Colorado Supreme Court. The Supreme Court reversed and remanded the matter back to the water court with instructions to remand the matter back to the CWCB. The CWCB was set to consider the matter in January, but this settlement resolves this matter with the exception of the Uncompahgre River Water Users Association, who has only been monitoring the case. "We couldn't be more pleased with the settlement of this matter. The reduced flow rates and sophisticated trigger language allowed the CWCB to support this win-win solution for recreational users and for future generations of traditional water users," stated Rod Kuharich, Director of the CWCB. Bill Trampe, President of the UGRWCD said: "We are ecstatic that the CWCB and or District have been able to reach final resolution. The UGRWCD will be able to protect this instream resource through this water right decree. The people of the State of Colorado and the citizens within the UGRWCD will be better off for our ability to wrestle with these tough issues without giving up on negotiations." Keith Catlin, the CWCB representative from the Gunnison River Basin agreed: "The taxpaying citizens of Colorado and the UGRWCD are the winners in this settlement that strikes an appropriate balance for recreational and traditional diversionary interests." This settlement will be finalized in the upcoming days, and presented to the Water Judge for Water Division No. 4 for his approval. The parties anticipate that the Water Judge will approve the settlement without any controversy.