Stipulation and Agreement and Decree Case No. 02CW038

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Zlpper Gurznison River Water Conservancy District 02CYTJ038 Division No. 4 appealed. The Colorado Supreme Court's ruling was entered in Colorado Wctter Conservation Board v. Upper Gunnison River Water ConseYVancy District, 109 P.3d 585 (Colo. 2005) ("CWCB v. Upper Gunnison") on March 14, 2005, and the Supreme Court remanded the case to this Court (1) so that the CWCB could make its statutorily required findings and recommendation based on the stream flow amounts and recreation experience claimed by the applicant, and (2) so that this Court could then consider those revised findings and recommendation and further detennine whether applicant's intended recreational in- channel diversion ("RICD") comports with the definition of "recreational in-channel diversion" found in S.B. 216 as articulated by the Supreme Court. All remaining issues having been settled among the remaining opposers, and the Court now enters this decree. 7. The water rights decreed herein axe described as follows: A. Names of structures: Gunnison River Whitewater Course (also referred to herein as the "Course"). The Gunnison River Whitewater Course is located in the Gunnison Whitewater Park and is designed to consist of six structures, consisting of three u- shaped dam structures and three double offset water deflector devices. As of the trial date, three of the six structures had been constructed: two u-shaped dams referred to as structures five and six, and one double offset deflector device referred to as structure two. (References in this decree to structures as "built," "partially built," or "not yet constructed" refer to the status of construction at the time of trial.) The six structures will concentrate and control the flows of the Gunnison River for recreational boating purposes. A water right is decreed herein for each of the six structures. The six structures make up the Gunnison River Whitewater Course. B. Legal description of structures: The Course is located downstream of Highway 50, near the City of Gunnison within the channel of the Gunnison River in Sections 2 and 3, Township 49 North, Range 1 West, of the New Mexico Principal Meridian, County of Gunnison, State of Colorado. This location is approximately 150 miles upstream of the state line. The approximate locations of the six structures which constitute the Course are as follows: Structure 1(not yet built): A"V" dam located within the channel of the Gunnison River located North 2 degrees East, a distance of 880 feet from the southwest corner of Section 2. 12/21 /OS -3- ? l?