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Decree Case No. 02CW038 (2)
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Decree Case No. 02CW038 (2)
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Last modified
1/26/2010 4:41:28 PM
Creation date
7/27/2009 1:27:51 PM
Metadata
Fields
Template:
Water Supply Protection
File Number
8230.2C
Description
Final Decree
State
CO
Basin
Colorado Mainstem
Water Division
4
Date
12/26/2003
Author
J. Steven Patrick
Title
Decree Case No. 02CW038
Water Supply Pro - Doc Type
Court Documents
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Upper Gunnison River Water Conservancy District <br />02CW038 <br />Whitewater Course. C.R.S. § 37-92-103(3)(a). Applicant has completed the "first step" <br />toward the conditional appropriation by showing the requisite intent to appropriate <br />accompanied by an open, physical demonstration of that intent. City of Thornton v. City of <br />Fort Collins, 830 P.2d 915, 924-925 (Colo. 1992). <br />12. Recreational in-channel boating is a recognized beneficial use of water under Colorado water <br />law. C.R.S. § 37-92-103(4) and (10.3); City of Thornton v. City ofFort Collins, 830 P.2d <br />915 (Colo. 1992). <br />13. The amounts of water claimed and decreed herein will be controlled in the water's natural <br />course in the Gunnison River during the claimed time periods by means of the u-shaped dam <br />structures and offset water deflector devices constructed or proposed for construction in the <br />Gunnison River Whitewater Course as described above in section 6. C.R.S. § 37-92-103(7). <br />14. The controlling of the claimed amounts of water during the claimed time periods by the <br />proposed in-channel structures and devices and the use of such water for the intended <br />recreational in-channel boating purposes: <br />represents a reasonably efficient practice of diversion and beneficial use. Alamosa- <br />LaJara Water Users Protection Ass'n v. Gould, 674 P.2d 914, 934-5 (Colo. 1983); <br />City of Thornton v. City ofFort Collins, 830 P.2d 915 (Colo. 1992); C.R.S. § 37-92- <br />103(4) and -(7); C.R.S. § 37-92-102(2)(b). <br />2. represents the use of that amount of water that is reasonable and appropriate under <br />reasonably efficient practices to accomplish without waste the purpose for which the <br />appropriation was lawfully made by the applicant. C.R.S. § 37-92-103(4) and - <br />(10.3); and 3. will create opportunities for the intended recreation experiences to occur. C.R.S. § <br />37-92-103(10.3). See also City of Thornton v. City of Fort Collins, 830 P.2d 915 <br />(Colo. 1992). <br />15. The intended recreation experiences are reasonable. C.R.S. § 37-92-103(10.3). <br />-7-
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