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/ <br />? <br />Upper Gunni'son River Water Conservancy District <br />02CW038 <br />assertion that SB 216 requires a non-traditional determination of the amount of water that can be <br />claimed for a:recreational in-channel diversion, and the State's characterization of the CWCB's role <br />with respect to recreational in-channel diversions. <br /> <br />The State clairns that the recreational in-channel diversion described in SB 216 is a <br />revolutionary new type of water right, akin to an instream flow water right, and, in particular, that <br />the CWCB it;elf is to determine the appropriate rate of flow for a recreational in-channel diversion. <br />Traditional cancepts regarding beneficial use and the intent of the appropriator are not to be <br />considered. 7'he State goes so far as to argue that it can redefine the doctrine of maximum utilization <br />ina waythat c:ontravenes the policyofmaximumbeneficialuse and further limits the ainount ofwater <br />tha.t can be appropriated by a local government entity. <br />The State's picture is a gross and self-serving distortion of Colorado water ;iaw before and <br />after SB 216. The Water Rights Deternunation and Administration Act of 1969 ("1969 Act") <br />(C.R.S. § 37-92-101, et. seq) establishesthe fundamentalframeworkforin-channelrecreationalwater <br />rights, including those specifically confimied by SB 216. SB 216 addresses the legislative concerns <br />about excessive claims by (1) limiting the class of persons or entities that can appropriate a <br />recreational in-channel diversion to local government entities, and (2) giving the CWCB a role in <br />-2-