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Upper Gunnison River Water Conser-vancy District <br />02CW038 <br />tune, but when SB 216 was passed in 2001, the District determined it could go forward with a water <br />right application. (Id.; Curry Tr. p.17,11. 12 - 23.) <br />The amount of water to be appropriated was determined by the District board over the course <br />of several public meetings in 2001. (Peterson Tr. p. 8, 1.12 - p.l l, 1.18) The District board gave <br />careful consideration to the County's goals for the project, the design parameters of the course, the <br />recreational needs of the boating community, available flows at the times of year far which the water <br />right would be sought, the changes in the hydrob aph during those times, and impacts on future <br />upstream water development.15 Unlike the Golden case, the flows appropriated by the District board <br />were selected in response to a balancing of the foregoing interests, and each flow rate is less than the <br />average flow in the Gunnison River at the Gunnison gage during the two-week interval for which that <br />flow rate was requested. (See Exhibit UG-7, figure 4.) <br />B. Can and Will. <br />There is a substantial probability that the waters claimed by the District can be and will be <br />diverted, or otherwise captured, possessed, and controlled and beneficially used, and that the project <br />can and will be completed with diligence and within a reasonable time. C.R.S. § 37-92-305(9)(b); <br />15 (Curry Tr. p.12,11.12-18; p.23, 11. 19-24; p.24,13 - p25, 1.1; p.26,11. 9-18; p. 26, 11. 1- <br />12; p. 33,1.9- p.35 1.8; p. 35, 1.24 - p.36, 1.6; p. 37,11.3-23; p.38,11.3-17; Peterson Tr. p.8, 12-p.9, <br />1. 23; p.10, 11.13 - p. l 11.2; p.13, 1.8 - p.17, 1.15, p.18, 1.19 - p.19, 1. 13, p.20,11. 12-14, p.22, 11.23 <br />-10.) <br />-34-