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Upper Gunnison River Water Conservancy District <br />02CW038 <br />CONCLUSIONS OF LAW <br />8. The Court has exclusive jurisdiction over the subject matter of this proceeding pursuant <br />to C.R.S. § 37-92-203, and over all persons or entities affected hereby, whether they have <br />appeared or not. <br />9. The District, a water conservancy district, is an entity designated by S.B. 216, 2001 Colo. <br />Sess. Laws 1187-1188 (hereinafter "S.B. 216"), as entitled to appropriate a recreational <br />in-channel diversion ("RICD"). C.R.S. § 37-92-103(4) and (10.3). <br />10. The reach of the Gunnison River in which the Gunnison River Whitewater Course is <br />located is an appropriate reach of stream for the intended use. C.R.S. § 37-92- <br />102(6)(b)(II). <br />? 1. Applicant has effected an appropriation of water by demon.strating a specific plan ancl <br />intent to divert the claimed amounts of water at the claimed time periods and to apply <br />such water to beneficial use, specifically recreational in-channel boating use iri the <br />Uunnison River Whitewater Course. C.R.S. § 37-92-103(3)(a). Applicant has completed <br />" the "first step" toward the conditional appropriation by showing the requisite intent to <br />appropriate accompanied by an open, physical demonstration of that intent. Ctty of <br />Thornton v. City of rort Collins, 830 P.2d 915, 924-925 (Colo. 1992). <br />12. Recreational in-channel boating is a recognized beneficial use of water under Co(orado <br />water law. C.R.S. § 37-92-103(4) and (10.3); City of Thornton v. City ofFort Collins, <br />830 P.2d 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 <br />dam structures and offset water deflector devices constructed or proposed for <br />construction in fhe Gunnison River Whitewater Course as described above in section 6. <br />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 />A. represents a reasonably efficient practice of diversion and beneficial use. <br />Alamosa-LaJara Water Users Protection Ass'n v. Gould, 674 P.2d 914, 934-5 <br />(Colo. 1983); City of Thornton v. City of Fort Collins, 830 P.2d 915 (Colo. 1992); <br />C.R.S. § 37-92-103(4) and -(7); C.R.S. § 37-92-102(2)(b).