Decree Case No. 02CW038 (2) - Laserfiche WebLink

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Upper Gunnisorc River Water Conservancy District 02CW038 3. No call for the water rights decreed herein shall be placed or administered during any time that a valid call for water is being administered, or could be administered, on behalf of the water rights for the Gunnison Tunnel or the Redlands Power Canal. The Gunnison Tunnel water right referenced herein is the one decreed far 1300 cfs in Case No. W 1745. The Redlands Power Canal water rights referred to herein are the ones decreed for 670 cfs in Case No. W 1927; 80 cfs in Case No. W8303; and 100 cfs in Case No. 94CW228. 4. The Upper Gunnison District will operate the water rights sought herein with due consideration for its mandate as a water conservancy district including the water supply and augmentation needs of its constituents. The Upper Gunnison District has also agreed to operate the water rights sought herein in a manner consistent with provisions of the aforementioned Court-approved stipulation between the Upper Gunnison District and opposers Virgil and Lee Spann Ranches and Robert and Geraldine Howard and in a manner consistent with provisions of the aforementioned Court-approved stipulation between the Upper Gunnison District and the Bullock objector group. CONCLUSIONS OF LAW The Court has exclusive jurisdiction over the subject matter of this proceeding pursuant to C.R.S. § 37-92-203, and over all persons or entities affected hereby, whether they have appeared or not. 9. 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 a recreational in- channel diversion ("RICD"). C.R.S. § 37-92-103(4) and (10.3). 10. The reach of the Gunnison River in which the Gunnison River Whitewater Course is located is an appropriate reach of stream for the intended use. C.R.S. § 37-92-102(6)(b)(I1). 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 recreational in-channel boating use in the Gunnison River -6-