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

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Upper Gunnison River Water Conservancy District 02CW038 19. There are no existing decreed instream flow water rights in the reach of the water rights decreed herein, or any affected downstream reach of the Gunnison River. Exercise of the water rights decreed herein will not cause material injury to any CWCB instream flow water rights. C.R.S. § 37-92-102(6)(b)(IV). 20. The water rights decreed herein can be adequately measured and administered through the proposed reach by using the U.S.G.S. Gunnison River at Gunnison gage and accounting for intervening diversions between that gage and the whitewater course. 21. There is access for recreational in-channel use. C.R.S. § 37-92-102(6)(b)(III). 22. Water is available for the claimed appropriation. Board of County Commissioners of County ofArapahoe v. U.S., 891 P.2d 952, 962 (Colo. 1995). 23. The waters claimed by applicant can be and will be diverted, or otherwise captured, possessed, and controlled and will be beneficially used and the project can and will be completed with diligence and within a reasonable time. C.R.S. § 37-92-305(9)(b). 24. Subject to the terms and conditions herein, applicant is entitled to a decree confirming conditional water rights for recreational in-channel boating uses at the proposed in-channel physical control structures and devices in the amounts claimed during the claimed time periods with an appropriation date of October 20, 1998. Incidental fishing uses will also result, but no separate water right is herein decreed for fishing purposes. 25. The Court has duly considered the October 11, 2002 Findings and Recommendations of the Colorado Water Conservation Board to the Water Court. The Court concludes that the preponderance of the evidence supports the findings and conclusions contained in this decree. DECREE OF THE COURT 26. The foregoing Findings of Fact and Conclusions of Law are incorporated by this reference and modified as necessary to constitute the Decree of the Court. -9-