Laserfiche WebLink
Upper Gunnison River Water Conservancy District <br />02CW038 <br />23. Subject to the terms and conditions herein, applicant is entitled to a decree confirming <br />conditional water rights for recreational in-channel boating uses at the proposed in-channel <br />physical control structures and devices in the amounts herein decreed during the claimed <br />time periods with an appropriation date of October 24, 1998. <br />24. In order to comply with the Supreme Court's directives in CWCB v. Upper Gunnison, this <br />Court was required to (A) remand this case to the CWCB for revised findings consistent with <br />the Supreme Court's delineation of the CWCB's role; and (B) determine whether the <br />applicant's requested water rights meet the definition of an RICD. CWCB v. Upper Gunnison <br />109 P.3 d at 603. <br />A. By order dated June 16, 2005, this Court remanded the case to CWCB. CWCB's <br />stipulation filed herein provides that: "Pursuant to C.R.S. § 37-92-102(6)(a), the <br />CWCB recommends that the water court grant the application for recreational in- <br />channel diversion water rights, subject to the terms and conditions of [this decree.]" <br />Pursuant to that same stipulation, CWCB has made the revised findings required by <br />C.R,S. § 37-92-102(6)(b) and reported them to this Court as required by C.R.S. § 37- <br />92-305(13) and the Supreme Court's remand order. The Court has duly considered <br />said revised findings and recommendation. <br />B. As provided in paragraph 14 above, Court concludes as a matter of law that each <br />flow rate herein decreed for the Gunruson River Whitewater Course, during the time <br />period for which it is decreed, meets the statutory definition of "recreational in- <br />channel diversion" set forth in S.B. 216 and articulated by the Colorado Supreme <br />Court. C.R.S. § 37-92-103(10.3); CWCB v. Upper Gunnison 109 P.3d at 603. <br />Therefore, each amount herein decreed is "the minimum stream flow as it is captured, <br />controlled and placed to beneficial use between specific points defined by physical <br />control structures pursuant an application filed by a county, municipality, city and <br />county, water district, water and sanitation district, water conservation district, or <br />water conservancy district for a reasonable recreation experience in and on the <br />water." C.R.S. §37-92-103(10.3). Theapplicant'sintendedrecreationexperiences <br />are reasonable in light of the amount of water in the Gunnison River in the reach <br />during each time period for which an RICD flow rate is decreed. CWCB v. Upper <br />Gunnison, 109 P.3d at 602-603. <br />12/21 /OS <br />-9- <br />? C. <br />Lr?