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

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Upper Gunnison River Water Conservancy District 02CW038 16. By using the proposed in-channel structures and devices in a reasonably efficient manner to control that amount of water that is reasonable and appropriate to accomplish without waste the intended recreational in-channel boating purposes, and by thereby providing an opportunity for reasonable recreation experiences to occur, the proposed appropriation of water meets the beneficial use standards historically applied to water rights which standards, as recognized by Senate Bill 216, are also to be applied to "recreational in-channel diversions." See C.R.S. § 37-92-103(4) and -(10.3). See also Santa Fe Ranches Property Owners Assoc. v. Simpson, 990 P.2d 46, 53-54 (Colo. 1999). 17. The adjudication and administration of the claimed water right will not impair the ability of Colorado to fully develop and place to consumptive beneficial use its compact entitlements. C.R. S. § 37-92-102(6)(b)(I). There is no evidence of any active proposal for a transmountain proj ect - by exchange or by direct diversion and/or storage - upstream of the recreational in- channel water rights decreed herein. To the extent there may be such a proposal in the future, the water rights decreed herein (a) will have no effect on any junior upstream direct flow or storage water rights for out-of-basin use and (b) will have a relatively limited effect on any junior exchange. As to opportunities for consumptive uses of water downstream of the water rights decreed herein - excluding the above-discussed possible future exchanges from Blue Mesa Reservoir - there is no impact because of the non-consumptive nature of these recreational in-channel water rights. 18. The adjudication and administration of the water rights described herein will promote maximum utilization of waters of the state as referenced in paragraph (a) of subsection (1) of C.R.S. § 37-92-102(1) or as discussed in broader terms in case law. C.R.S. § 37-92- 102(6)(b)(V). See, e.g., Board of County Commissioners of County ofArapahoe v. Crystal CreekHomeowners Assoc., 14 P.3d 325, 333 (Colo. 2000) (citingMatter ofRules and Reg. Gov. Use, Control & Protection of Water Rights [also known as Alamosa-La.Iara Water Users Protection Ass'n v. Gould], 674 P.2d 914, 935 (Colo. 1983). The water rights decreed herein control water and place it to the intended beneficial uses via a reasonably efficient means of diversion without any waste. They are non-consumptive and should have a positive economic impact on the local area. They do not preclude other water development opportunities either downstream or upstream. In effecting the appropriation, the applicant balanced recreational uses with other uses and has agreed to operate the water rights decreed herein with due consideration for its mandate as a water conservancy district including the water supply and augmentation needs of its constituents. -8-