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Uppei Gunnison River Water Conservancy Dzstr•ict <br />02CW038 <br />Division No 4 appealed.. The Colorada Supreme Cotut's iuling was entered in Colorac!o <br />Water Conservation Board u. Upper Gunnison River LYater ConservancyDistrict, 109 P 3 d <br />585 (Colo. 2005) ("CWCB v. Upper Gunnison") on Mazch 14, 2005, and the Supreme Couct <br />rernanded the case to this Court (1) so that the CWCB could make its statutoiily require;d <br />findings and recommendation based on the stieam flow amounts and recreation experienc-e <br />claimed by the applicant, and (2) so that this Coutt could then consider those revised findings <br />and iecommendation and futthez- determine whether applicant's intended iecreational irk- <br />channel diversion ("R1CD") comports with the definition of' "recreational in-channf.l <br />diveision" found in S..B.. 216 as aiticulated by the Supreme Couit. All remaining issue:s <br />having been settled among the remaining opposers, and the Court now enters this decree <br />The water rights decreed herein are described as follows: <br />A. Names of structuces: Gunnison Rivei Whitewater Couise (also ieferzed to hex-ein as <br />the "Course'). Ihe Gunnison Rivei Whitewater Cotuse is located in the Gunniso;n <br />Whitewater Paxk and is designed to consis# o# six sttuctures, consisting of tluee u- <br />shaped dam stiuctures and three double offset watez deflector devices. As of the tr ia1 <br />date, tlu ee af the six stiuctures Iaad been constzucted: two u-shaped dams referYed ti) <br />as structures five and six, and one double off'set deflectox- device refezxed to as <br />structure two.. (References in this decr-ee to snuchues as "built," "partially built," oc <br />"not yet constiucted" refez, to the status of'consnuction at the time of trial..) The si;c <br />stiuchues will concenti-ate and control the flows of' the Gunnison River fo:r <br />recr'eational boating purposes.. A watez, rzght is decreed heYein for each of the siac <br />structuzes.. The six struchires make up the Gunaison River Whitewater Cotuse.. <br />B. Legal description of snuctLUes: 7he Course is located downstream of Highway 50, <br />neaz the City of'Gunnison within the channel of'the Gunnison Rivei in Sections 2 and <br />3, Iownship 49 Noith, Range 1 West, of the New Mexico Principal Meridian, <br />County of Gunnison, State of Coloiado. 7his location is appioximately 150 miles <br />upstream of'the state line.. The appi•oximate locations of the six structuies whicri <br />constitute the Course az•e as follows: <br />Structure 1(not yet built): A"V" dam located within the channel of the Gunnisor.t <br />River located Nozth 2 degiees East, a distance of 880 feet from the southwest corner <br />of Section 2. <br />12/Z 1 /OS -3-