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Applicant's Closing Brief: Case No. 02CW038
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Applicant's Closing Brief: Case No. 02CW038
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Last modified
1/26/2010 4:41:33 PM
Creation date
7/28/2009 11:54:47 AM
Metadata
Fields
Template:
Water Supply Protection
File Number
8230.2B3
Description
Pleadings
State
CO
Basin
South Platte
Water Division
4
Date
10/22/2003
Author
Cynthia F. Covell
Title
Applicant's Closing Brief: Case No. 02CW038
Water Supply Pro - Doc Type
Court Documents
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Upper Gunnison River Water Conservancy District <br />02CW038 <br />Effects on Junior In-Basin Water Riizhts and Exchanges Do Not Result in Compact <br />Impaument. <br />When a call is placed by the whitewater park, junior upstream in-basin water rights could be <br />curtailed, as is true when any water right places a call. Some upstream junior water rights, such as <br />those on the East and Ohio Rivers, and on the Gunnison River upstream of Almont, will also be <br />subject to other local calls, regardless of the whitewater park. <br />The whitewater park will also have a small effect on upstream exchanges for in-basin uses. <br />The Subordination Agreement allows development free of a call from the Aspinall Unit water rights <br />for up to 40,000 acre-feet of depletions in the Gunnison River above Blue Mesa Reservoir, as Jim <br />Slattery testified and Randy Seaholm agreed. Between 7,000 and 8,000 acre-feet have already been <br />developed and decreed, and are senior to the District's recreational in-channel right. The remainulg <br />subordinated depletions are available for development on all of the tributaries of the Gunnison River <br />above Blue Mesa Reservoir, including those reaches already subject to local calls. <br />Effects on Junior Water Rights and Exchanges for Out-of-Basin Uses Do Not Result in <br />Compact Impairment. <br />No projects are presently ongoing or being developed for out of basin diversions upstream <br />of the whitewater park. To the extent such a project may be proposed in the future, the District's <br />recreational water right (a) will have no effect on any junior upstream direct flow or storage water <br />rights for out-of-basin use and (b) will have a relatively limited effect on any junior exchange. <br />-21-
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