Laserfiche WebLink
Upper Gunnison River Water Conservancy District <br />02CW038 <br />1983). The water rights decreed herein control water and place it to the intended <br />beneficial uses via a reasonably efficient means of diversion without any waste. They are <br />non-consumptive and should have a positive economic impact on the local area. They do <br />not preclude other water development opportunities either downstream or upstream. In <br />effecting the appropriation, the applicant balanced recreational uses with other uses and <br />has agreed to operate the water rights decreed herein with due consideration for its <br />manciate as a water conservancy district including the water supply and augmentation <br />needs of its constituents. <br />19. "fhere are no existing decreed instream flow water rights in the reach of the water rights ; <br />decreed herein, or any affected downstream reach of the Gunnison River. Exercise of the <br />water rights decreed herein will not cause material injury to any CWCB instream flow <br />water rights. C.R.S. § 37-92-102(6)(b)(IV). <br />20. The water rights decreed herein can be adequately measured and administered through <br />the proposed reach by using the U.S.G.S. Gunnison River at Gunnison gage and <br />aecounting for intervening diversions between that gage and the whitewater course. <br />21. 'ihere is access for recreational in-channel use. C.R.S. § 37-92-102(6)(b)(III). <br />22. tiJat_r is available for the claimed appropriation. Board of County Commissioners of <br />Caunty ofArapahoe v. U.S., 891 P.2d 952, 962 (Colo. 1995). <br />23. The waters claimed by applicant can be and will be diverted, or otherwise captured, <br />possessed, and controlled and will be beneficially used and the project can and will be <br />completed with diligence and within a reasonable time. C.R.S. § 37-92-305(9)(b). <br />24. Subject to the terms and conditions herein, applicant is entitled to a decree confirming <br />conditional water rights for recreational in-channel boating uses at the proposed in- <br />channel physical control structures and devices iri the amounts claimed during the <br />claimed time periods with an appropriation date of October 20, 1998. Incidental fishing <br />uses will also result, but no separate water right is herein decreed for fishing purposes. <br />25. The Court has duly considered the October 11, 2002 Findings and Recommendations of <br />the Colorado Water Conservation Board to the Water Court. The Court concludes that <br />the preponderance of the evidence supports the findings and conclusions contained in this <br />decree.