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Upper Gunnison River Water Conservancy District <br />02CW0.38 <br />10. Ihe Disfrict, a water conseivancy district, is an entity designated by S B. 216, 2001 ColD <br />Sess.. Laws 1187-1188 (heieinafter "S.B. 216"), as entitled to appiopriate an RICD.. C.R.S. <br />§ 37-92-103(4) and (10.3). <br />11 Applicant has effected an appropriation o# watez- by demonstr-ating a specific plan and inteilt <br />to divezt the claimed amounts of water at the claimed time periods and to apply such wat,,-r <br />to beneficial use.. Specifically, the Gunnison Rivei Whitewater Coi.use has been designe-d <br />to be conducive to many types of'whitewatei boating foc a vaiiety of different skill leveis, <br />as applicant hopes to draw both locals and tourists, host competitions, enhance Westetn Starz <br />College's outdoar recreation program, and strengthen the region's overall economy.. CWCB <br />v Clpper Gunnison, 109 P..3d at 589; C.R.S. § 37-92-103(3)(a). Applicant has completed <br />the "first step" towazd the conditional appropiiation by showing the requisite intent io <br />appropxiate accompanied by an open, physical demonstiation of that intent. City of Thornton <br />v. Ciry of F'ort Collins, 830 P2d 915, 924-925 (Colo.. 1992).. <br />12. The amounts af watet claimed and decreed herein will be contiolled in the water's natutal <br />cout se in the Gunnison Rivei dui ing the claimed time peiiods by means of the u-shaped darn <br />structures and offset water deflector- devices consttucted or px•oposed for constiuction in the <br />Gunnison River Whitewater Course as descxibed above in section 7. C..R S. § 37-92-143(7). <br />13. The.controlling of'the claimed atnounts of watei• duxing the ciaimed time petiods by the <br />proposed in-channel structures and devices and the use of' such water for the intended <br />iecreational in-channel boating putposes represents use of that amount of water that is <br />z easonable and appi-optiate undet reasonably efficient pi•actices to accomplish without waste <br />the putpose fot which the appropriationwas lawfullymade bythe applicant, C R.S. § 37-92- <br />103(4) and 103(7) <br />14. The rect-eational in-channel diversion water iight herein decreed meets the statutory <br />definition of "recreational in-channel diversion " 7hus, each flow rate herein decreed for <br />the Gunnison River Whi#ewater Course; duxing the time period fot which it is deereed, meets <br />the definition of a"iecreational in channel divet-sion" set forth in S B.. 216 and articulate(i <br />b.y the Coloiado Supreme Coutt C.R..S.. § 37-92-103(10..3); CWCB v. Upper Gunnison 101) <br />P3dat643. <br />12121 /OS -7-