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this legislation, the Colorado Water Conservation Board plays a critical role, including its <br />review prior to trial in Court at which it is to make findings of fact which are entitled to a <br />"rebuttable presumption" that they are correct and a recommendation to the Water <br />Court considering the application. Here the Colorado Water Conservation Board has <br />made findings of fact and recommended that the application be approved, but for a <br />lesser amount than the Applicant seeks. <br />The Court hereby finds, concludes and orders as follows: <br />FINDINGS OF FACT <br />1. John DeVore, chief executive offcer of Gunnison County, and Gunnison <br />County, generally, were approached by the recreational boating <br />community in 1997 to explore the possibility of a whitewater park. This <br />group included representatives from Western State College. <br />2. Sufficient interest was generated that Gunnison County engaged Gary <br />Lacy with an initial contract of $11,000 to fund a preliminary design for a <br />whitewater park. Exhibit 26 suggests he was initially contacted in January <br />1999. <br />3. There were a series of public meetings and hearings exploring the <br />possibility, location and feasibility of a whitewater park. <br />4. A determination was made to estab(ish a whitewater park "below the twin <br />bridges" which would be a very short distance south of the point where the <br />"west branch" of the Gunnison splits off from the main branch of the <br />Gunnison River at the southwestern edge of the City of Gunnison near the <br />3