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f <br />; <br />Supreme Court, State of Colorado (Appeal from District Court, Water Division No. 4, Case No. 02CW38) <br />Case No. 04SA44: Colorado Water Conservation Board v. Upper Gunnison River Water Conservancy District <br />Answer Brief of the Colorado River Water Conservation District <br />regional perspectives firmly in mind: (1) the River District wished to ensure that, if granted, the <br />application would not materially impair the ability of Colorado to develop its Colorado River <br />Compact entitlement; and (2) the River District wished to protect and support the ability of its <br />constituent, the Upper Gunnison District, to develop water resources necessary to benefit the local <br />economy. <br />The Upper Gunnison District fully addressed any potential that the claimed RICD would <br />impair Colorado's compact entitlement by agreeing to the terms of the September 4, 2003, <br />stipulation between the River District and the Upper Gunnison District. (R., v. II at 424-27.) That <br />stipulation requires the Upper Gunnison District to substantially reduce the potential circumstances <br />during which the RICD might otherwise be entitled to place a call on upstream junior water rights. <br />(R., v. II at 425.) This "call-limitation" means that the RICD will be entitled to place an <br />administrative call on junior water rights far less often than it otherwise would be entitled. (R., v. <br />IX, UG Ex. 13, admitted at v. V, p. 24, lines 6-9.) Importantly, the call-limitation stipulation has the <br />most benefit during the driest periods. Id. Furthermore, the call limitation provision applies to both <br />in-basin and transmountain water rights. (R., v. II at 424-27.) If the Upper Gunnison District had <br />a nefarious intent to use the RICD water right to thwart future transmountain diversions, it would <br />have limited the applicability of the call-limitation provision to in-basin water rights only. <br />The evidence presented at trial demonstrated that the recreational use sought by the Upper <br />Gunnison District will provide a substantial benefit to the City of Gunnison and the regional <br />economy of Gunnison County, which is consistent with the River District's statutorily defined role <br />Page 2