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Upper Gariznison River Water Conservancy District <br />02CW038 <br />15. The adjudication and administration of the water right decreed herein will not impELir the <br />ability of Colorado to fully develop and place to consurriptive beneficial use its coinpact <br />entitlements. C.R.S. § 37-92-102(6)(b)(I). <br />16. The reach of the Gunnison River in which the Gunnison River Whitewater Course is lacated <br />is an appropriate reach of stream for the intended use. C.R.S. § 37-92-102(6)(b)(I1). <br />17. There is access to the Gunnison River Whitewater Course for recreational in-channel use. <br />C.R.S. § 37-92-102(6)(b)(II[). <br />18. There are no existing decreed instream flow water rights in the reach of the Gunnison 12iver <br />Whitewater Park, or any affected downstream reach of the Gunnison River. Exercise of the <br />water rights decreed herein will not cause material injury to any CWCB instream flow,uater <br />rights. C.R.S. § 37-92-102(6)(b)(IV). <br />19. The adjudication and administration of the water rights decreed herein, subject to the <br />conditions of this decree, will promote maximum utilization of the waters of the state. <br />C.R.S. § 37-92-102(6)(b)(V). The water rights decreed herein for the Gunnison River <br />Whitewater Course conserve and efficiently use the available Gunnision River flow, the;reby <br />promoting maximum utilization. CWCB v. Upper Gunnison, 109 P.3d at 595. <br />20. The water rights decreed herein should be able to be adequately measured and administered <br />through the proposed reach by using the U.S.G.S. Gunnison River at Gunnison gage: and <br />accounting far intervening diversions between that gage and the whitewater course. <br />Nevertheless, applicant shall install such other adequate measuring devices as may <br />reasonably be required by the Division Engineer. <br />21. Water is available for the clairned appropriation. Board of County Commissioners of Counry <br />ofArapahoe v. U.S., 891 P.2d 952, 962 (Colo. 1995). <br />22. The waters claimed by appiicant can be and will be diverted, or otherwise captt;ired, <br />possessed, and controlled and will be beneficially used and the project can and will be <br />completed with diligence and within a reasonable time. C.R.S. § 37-92-305(9)(b). <br />12/21/05 <br />-8- <br />. ?. <br />??