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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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C. Whether the Water CoLirt erred in awarding the Applicant a decree for an <br />amount of water in excess of the minimum amount necessary for a reasonable <br />recreation experience. <br />D. Whether the Water Court erred in overturning the CWCB's presumptively <br />valid Findings and Recommendations that 250 c.f.s. was the minimum stream <br />flow necessary for a reasonable recreation experience <br />E. Whether the Water Court erred in finding to that up to 1500 c.f.s. was the <br />minimum stream flow necessary for a reasonable recreation experience when <br />there was no support for such finding. <br />F. Whether the evidence supports a finding that 1500 c.f.s. would not impair <br />Colorado's ability to fully develop and put to beneficial use its compact <br />entitlements and allows maximum utilization. <br />G. Whether the Water Court erred in determining that the rebuttable presumption <br />in favor of the CWCB Findings and Recommendation was overcome, despite <br />the Applicant's concession that 250 c.f.s. did promote maximum utilization <br />and did not impair compact entitlements. <br />H. Whether the Water Court erred in determining that the rebuttable presumption <br />does not apply to the conclusions and conditions contained in the CWCB <br />Findings and Recommendation. <br />1. Whether the Water Court erred in holding that the CWCB did not find "that at <br />any of the levels requested by the Applicant [that] this RICD will impair <br />Colorado's ability to fully develop and put to beneficial use its compact <br />entitlements [and] ... is inconsistent with maximum utilization". (Order, p. <br />20). <br />III. TRANSCRIPT INFORMATION. <br />A. Whether a transcript of evidence is necessary. ' <br />Yes. <br />B. Name of court reporters. <br />The trial proceedings will be transcribed by Christine McKinney, certified Court <br />Reporter, and Diane Murphy, certified Court Reporter, Seventh Judicial District, State of <br />Colorado. Both Ms. McKinney and Ms. Murphy were in attendance during the trial <br />proceedings held in Gunnison County District Court, Gunnison, CO 81230.
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