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Case No. 02CW38; Exhibits A and B
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Case No. 02CW38; Exhibits A and B
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Last modified
1/26/2010 4:41:38 PM
Creation date
7/29/2009 12:46:47 PM
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Template:
Water Supply Protection
File Number
8230.2B6
Description
Exhibits
State
CO
Basin
Colorado Mainstem
Water Division
4
Date
12/26/2003
Author
J. Steven Patrick, Gunnison River Water Conservancy District
Title
Case No. 02CW38; Exhibits A and B
Water Supply Pro - Doc Type
Court Documents
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d. Delineates a procedure (submission to CWCB) for a RICD (§ 37-92-102(6)); <br />and <br />e. Requires CWCB to develop rules and make findings of fact as to delineated <br />factors as well as a recommendation to the Water Court. These fact specific <br />factors are compact impairment, stream reach, access, injury to instream flow <br />rights, maximum utilization and a"catchall" other factors set forth by CWCB in <br />its rules. (§ 37-92-102(6)(b)(I-VI). <br />f. Further, the Water Court is to treat the findings of fact by CWCB as a <br />rebuttable presumption and shall consider the Baard's recommendation (§37- <br />92-305)(B). <br />2. The primary issue before this Court is whether App(icant has overcome <br />the rebuttable presumption that 250 cfs for the entire rafting season is the appropriate <br />quantity of water for its proposed whitewater park recreational use. The Court <br />concludes as follows: <br />a. The rebuttable presumption shifts the burden of going forward to the <br />Applicant to demonstrate why the findings of the CWCB should not be <br />followed by the Court. See East Twin Lakes Ditches and Water Works. Inc. v. <br />BOCC of Lake Countv, 76 P.3d 918 (Cofo. 2003). (In the context of statutory <br />language of a rebuttable presumption with respect to abandonment of water <br />rights.) See also In re Estate of SchlaQel, 2003 WL 1089612 (Colo.App. <br />March 13, 2003). Finally, Rule 301 of the Colorado Rules of Evidence reads <br />as follows: <br />13
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