Stipulation and Agreement and Decree Case No. 02CW038

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Upper Gunnisoiz River Water Conservancy District 02CW038 10. The District, a water conservancy district, is an entity designated by S.B. 216, 2001 Colo. Sess. Laws 1187-1188 (hereinafter "S.B. 216"), as entitled to appropriate an RICD. C.R.S. § 37-92-103(4) and (10.3). 11. Applicant has effected an appropriation of water by demonstrating a specific plan and intent to divert the claimed amounts of water at the claimed time periods and to apply such water to beneficial use. Specifically, the Gunnison River Whitewater Course has been designed to be conducive to many types of whitewater boating for a variety of different skill levels, as applicant hopes to draw both locals and tourists, host competitions, enhance Western State College's outdoor recreation prograxn, and strengthen the region's overall economy. CWCB v. Upper Gunnison, 109 P.3d at 589; C.R.S. § 37-92-103(3)(a). Applicant has completed the "first step" toward the conditional appropriation by showing the requisite intent to appropriate accompanied by an open, physical demonstration of that intent. City of Thornton v. City of Fort Collins, 830 P.2d 915, 924-925 (Colo. 1992). 12. The amounts of water claimed and decreed herein will be controlled in the water's natural course in the Gunnison River during the claimed time periads by means of the u-shaped dam structures and offset water deflector devices constructed or proposed for construction in the Gunnison River Whitewater Course as described above in section 7. C.R.S. § 37-92-103(7). 13. The controlling of the claimed amounts of water during the claimed time periods by the proposed in-channel structures and devices and the use of such water for the intended recreational in-channel boating purposes represents use of that amount of water that is reasonable and appropriate under reasonably efficient practices to accomplish without waste the purpose for which the appropriation was lawfully made by the applicant. C.R.S. § 37-92- 103(4) and 103(7). 14. The recreational in-channel diversion water right herein decreed ineets the statutory definition of "recreational in-channel diversion." Thus, each flow rate herein decreed for the Gunnison River Whitewater Course, during the time period for which it is decreed, meets the definition of a"recreational in channel diversion" set forth in S.B. 216 and articulated by the Colorado Supxeme Court. C.R.S. § 37-92-103(10.3); CWCB v. Upper Gunnison 109 P.3d at 603. 12/21/OS _7_ ?'