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District Court, Water Division 4, Colorado <br />Case No. 02CW38; Application of Upper Gunnison River Water Conservancy I)istrict <br />Closing Brief of the Colorado River Water Conservation District <br />Page 10 of 11 <br />District's present non-consumptive uses turns the doctrine of maximum utilization on its head. <br />Instead, as a non-consumptive right that leaves a substantial portion of the stream flow available for <br />appropriation by others, the claimed RICD should be viewed as promoting maximum utilization. <br />V. CONCLUSION. <br />The claimed RICD satisfies all ofthe Senate Bill 216 criteria, benefits the local economy, and <br />subject to the existing stipulation with the River District promotes maximum utilization and does not <br />result in compact impaument. T'he evidence produced at trial is more than sufficient to an award a <br />decree confirming the Applicant's claimed RICD. <br />Respectfully submitted on November 6, 2003. <br />/s/* <br />Peter C. Fleming, #20805 <br />Jill C. H. McConaughy, #26082 <br />Kirstin E. McMillan, #33989 <br />Attorneys for the Colorado River Water Conservation <br />District <br />*In accordance with C.R.C.P. 121 §I-26(9), this document has been electronically filed via www.lexisnexis.com. A <br />printed copy of this document with original signatures is maintained by the filing party and will be made available <br />for inspection by other parties or the Court upon request.