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SUPREME COURT, STATE OF COLORADO <br />2 East 14"' Avenue <br />Denver, CO 80203 <br />Appeal from the District Court, Water Division No. 4 <br />Case No. 02CW38, Honorable J. Steven Patrick <br />CONCERNING THE APPLICATION FOR WATER <br />RIGHTS OF UPPER GUNNISON RIVER WATER ? COURT USE ONLY <br />CONSERVANCY DISTRICT IN GUNNISON COLTNTY Case No.: <br />KEN SALAZAR, Attorney General <br />SUSAN J. SCHNEIDER, Assistant Attorney General* <br />LORI J. COULTER, Assistant Attorney General* <br />1525 Sherman Street, 5"' Fl.oor <br />Denver, CO 80203 <br />(303) 866-5117 <br />(303) 866-3558 (FAX) <br />Registration Number: 19961 <br />Registration Number: 17766 <br />*Counsels of Record <br />NOTICE OF APPEAL <br />Appellants, the Colorado Water Conservation Board ("CWCB") and the State and <br />Division Engineers, (collectively, "the State"), through the Attorney General for the State of <br />Colorado and the undersigned Assistant Attorneys General, set forth the following Notice of <br />Appeal pursuant to C.A.R. 3(d): <br />1. BRIEF DESCRIPTION OF THE NATURE OF THE CASE. <br />A. General statement of the nature of the controversv. <br />This appeal involves a water matter tried during the week of September 15, 2003 before <br />Water Judge Steven Patrick in Division 4. The Applicant/Appellee, Upper Gunnison River <br />Water Conservancy District, sought conditional and absolute water rights for a whitewater <br />course constructed on the Gunnison River, at the southwestern edge of the City of Gunnison. <br />This was the first recreational in-channel diversion ("RICD") case tried under Senate Bill O 1 -216 <br />("SB 216"). <br />Under SB 216, an Applicant may apply for the "minimum stream flow" for "a reasonable <br />recreation experience" and must submit its application to the CWCB for review. §§ 37-92- <br />103(10.3) & 37-92-102(5), C.R.S. (2003). The CWCB must make findings of fact and a final <br />recommendation as to whether the application should be granted, granted with conditions, or