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Notice of Appeal
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Last modified
1/26/2010 4:41:31 PM
Creation date
7/28/2009 11:07:19 AM
Metadata
Fields
Template:
Water Supply Protection
File Number
8230.2F
Description
Colorado Supreme Court Filing
State
CO
Basin
South Platte
Water Division
4
Date
2/9/2004
Author
Ken Salazar, Susan J. Schneider
Title
Notice of Appeal
Water Supply Pro - Doc Type
Court Documents
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Upper Gunnison River Water Conservancy District <br />02CW038 <br />B. 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 <br />the appropriation was lawfully made by the applicant. C.R.S. § 37-92-103(4) and <br />-(10.3); and <br />C. will create opportunities for the intended recreation experiences to occur. C.R.S. <br />§ 37-92-103(10.3). See also Ciry ofThornton v. Ciry ofFort Collins, 830 P.2d <br />915 (Colo. 1992). <br />15. The intended recreation experiences are reasonable. C.R.S. § 37-92-103(10.3). <br />16. By using the proposed in-channel structures and devices in a reasonabIy efficient manner <br />to control that amount of water that is reasonable and appropriate to accomplish without <br />waste the intended recreational in-channel boating purposes, and by thereby providing an <br />opportunity for reasonable recreation experiences to occur, the proposed appropriation of <br />water meets the beneficial use standards historically applied to water rights which <br />standards, as recognized by Senate Bi11216, are also to be applied to "recreational in- <br />channel diversions." See C.R.S. § 37-92-103(4) and -(10.3). See also Santa Fe Ranches <br />Property Owners Assoc. v. Simpson, 990 P.2d 46, 53-54 (Colo. 1999). <br />17. The adjudication and administration of the claimed water right will not impair the ability <br />of Colorado to fully develop and place to consumptive beneficial use its compact <br />entitlements. C.R.S. § 37-92-102(6)(b)(I). There is no evidence of any active proposal <br />for a transmountain project - by exchange or by direct diversion and/or storage - upstream <br />of the recreational in-channel water rights decreed herein. To the extent there may be <br />such a proposal in the future, the water rights decreed herein (a) will have no effect on <br />any junior upstream direct flow or storage water rights for out-of-basin use and (b) will <br />have a relatively limited effect on any junior exchange. As to opporiunities for <br />consumptive uses of water downstream of the water rights decreed herein - excluding the <br />above-discussed possible future exchanges from Blue Mesa Reservoir - there is no impact <br />because of the non-consumptive nature of these recreational in-channel water rights. <br />18. The adjudication and administration of the water rights described herein will promote <br />maximum utilization of waters of the state as referenced in paragraph (a) of subsection <br />(1) of C.R.S. § 37-92-102(1) or as discussed in broader terms in case law. C.R.S. § 37- <br />92-102(6)(b)(V). See, e.g., Board of County Commissioners of County of Arapahoe v. <br />Crystal Creek Homeowners Assoc., 14 P.3d 325, 333 (Colo. 2000) (citing Matter of <br />Rules and Reg. Gov. Use, Control & Protection of Water Rights [also known as <br />Alamosa-La.7ara Water Users Protection Ass'n v. Gould], 674 P.2d 914, 935 (Colo. <br />7
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