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(g) Also significant and impacting the water rights in the Gunnison <br />River are two Colorado Supreme Court cases arising out of the <br />trans-mountain diversion application by Arapahoe County. Board <br />of Countv Commissioners of Arapahoe County v. Crvstal Creek <br />Homeowners' Association, 14 P.3d 325 (Colo. 2000), and In re <br />Board of County Commissioners of Arapahoe Countv, 891 P.2d <br />952 (Colo. 1995). <br />(h) A subordination agreement contemplated since 1975 was codified <br />and signed in 2000 whereby the United States agreed to <br />subordinate 60,000 acre feet from the Aspinall Unit to upstream <br />development, 40,000 above Blue Mesa Reservoir and 20,000 <br />below Blue Mesa Reservoir. <br />20. Prior to passage of Senate Bill 216, a recreational instream flow right was <br />first recognized in Citv of Thornton v. Fort Collins, 830 P.2d 915 (Colo. <br />1992). More recently recreational instream flow rights were applied for in <br />what in this trial were referred to as the Golden, Vail and Breckenridge <br />cases. Each of these three cases recognized water rights, for this <br />purpose, which rights were afFirmed as a matter of law based on 3-3 votes <br />in the Colorado Supreme Court (69 P.3d 1027, 1028 and 1029, Colo. <br />2003). The filing of those cases, and in particular the Golden case, <br />precipitated legislative action culminating in Senate Bill 216. The <br />legislative history is State's exhibit 9. <br />10