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Findings of Fact, Conclusions of Law and Order: Case No. 02CW38
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Findings of Fact, Conclusions of Law and Order: Case No. 02CW38
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Last modified
1/26/2010 4:41:31 PM
Creation date
7/28/2009 11:23:06 AM
Metadata
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Template:
Water Supply Protection
File Number
8230.2B3
Description
Pleadings
State
CO
Basin
South Platte
Water Division
4
Date
12/26/2003
Author
J. Steven Patrick
Title
Findings of Fact, Conclusions of Law and Order: Case No. 02CW38
Water Supply Pro - Doc Type
Court Documents
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(ii) The reach of the Gunnison River beginning with structure 2 <br />to include structure 6 is an appropriate reach for the RICD. <br />(iii) The RICD will not cause material injury to any CWCB <br />instream water flow rights. <br />(iv) Adjudication and administration of the RICD is consistent <br />with and promotes maximum utilization of Colorado's <br />waters. <br />(v) At the stream flow amount specified, the RICD will divert, <br />capture and control water in its natural course and location <br />if structures 2 through 6 are built and maintained as <br />designed. <br />(b) The recommendations include that the hours of this water right be <br />limited to 6:00 a.m. to 10:00 p.m., that the R{CD wi{I not be in effect <br />for exercising call rights when the hydrograph would permit the <br />Redlands Power Canal or the Gunnison Tunnel to call their senior <br />water rights (these issues will be discussed infra), that a call will be <br />presumed futile when it would not in any event produce flows equal <br />to or greater than 250 cfs, that the division engineer may direct <br />Applicant to install, maintain and monitor at locations as needed by <br />the division engineer measuring devices, that the right be limited to <br />recreational boating purposes only and that a call only be honored <br />7
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