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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 Conser•vancy District <br />02CW038 <br />761 (Colo. 1985); see also City of Fort Collins, 830 P.2d at 929 (Colo. 1992). The District has <br />completed the "first step" toward the conditional appropriation by showing the requisite intent to <br />appropriate accompanied by an open, physical demonstration ofthat intent. City of FoYt Collins, 830 <br />P.2d at 924-925. <br />Tourism and recreationare important economic bases ofthe County's economy, as is Western <br />State College, and the Gunnison Whitewater Park was first contemplated by the County in 1996 and <br />1997. (DeVore Tr. p.5, 1.10 - p.6 1.4; p.911. 6-15). In 1998, the County Commissioners agreed, at <br />the request of persons from the Western State College Outdoor RecreationProgram, to fund an initial <br />design contract for the park and hired Gary Lacy to do this work. (DeVore Tr., p.10, 11. 18-24.) <br />Mr. Lacy determined that the gradient, channel width and other river characteristics were conducive <br />to a whitewater course. (Lacy Tr. p.191.13 - p.21 1. 3.) The County also held public meetings about <br />the project, and obtained positive public feedback. (DeVore Tr., p.10, U. 7-24; p.14, U. 4- 20; p.16, <br />11. 10 - 24.) <br />The County had considered how to obtain water rights for the whitewater park even before <br />SB 216 was passed, and discussed the matter with the District in 1998. (DeVore Tr. p. 15,11. 1-22; <br />Schumacher Tr. p.4 l. 25 - p.51.9.) In 1999 District Manager Kathleen Curry met with Gunnison <br />County staff to explore possibilities for using the District's conditional water rights to provide a <br />supply for the whitewater parlc. (Curry Tr. p.15, l. 25 - p.16, l. 25.) This proved infeasible at the <br />-33-
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