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Answer Brief of Appellee Upper Gunnison River Water Conservancy District
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Answer Brief of Appellee Upper Gunnison River Water Conservancy District
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Last modified
1/26/2010 4:41:39 PM
Creation date
7/29/2009 1:49:58 PM
Metadata
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Template:
Water Supply Protection
File Number
8230.2F
Description
Colorado Supreme Court Appeal
State
CO
Basin
Colorado Mainstem
Water Division
4
Date
9/30/2004
Author
Cynthia F. Covell
Title
Answer Brief of Appellee Upper Gunnison River Water Conservancy District
Water Supply Pro - Doc Type
Court Documents
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r <br />approached the C;ounty Manager about building a whitewater course along the Gunnison River near <br />the western edge of the City of Gunnison, where the County had just acquired prope:rty on the west <br />side of the river above Blue Mesa Reservoir. (Vol. IV, 40:21 - 41:6). <br />That initial contact from Western State College led to public meetings aaid requests for <br />coznment, including input from the recreational boating community. (Vol. N, 42:10-22; 46:5-21; <br />48:6-25). Evenhially, the County decided to design and build a whitewater course "conducive to <br />many types of whitewater boating for a variety of different skill levels." (Vol. V, 83 ::Z4 - 84:3). The <br />County hoped to draw locals and tourists, to host competitions, to benefit Western;3tate College's <br />outdoor recreatio:l program, and to contribute to the region's economic base, (Vol. W, 49:1-3 ; 52:24 <br />- 53:11; Vol. V, 87:2-18; Vol. IX, Ex. UG-26 at 2 and Ex. UG-27 at 7-8, 18). <br />After con;;idering the specific site characteristics including historic flows, and the County's <br />intended purpose, the course designer proposed a series of six in-channel diversion structures to <br />capture and control the river's water and create features that allow various boating maneuvers at <br />different flow rate;s during different times of the year. (Vol. V, 74:11- 75:10; 78:14 - 80:25; 83:24 - <br />84:25; 87:2-18; 89:22 - 90:14; 97:12 - 98:24). In order to maximize use of the course throughout <br />the boating seasoii, the diversion structures have both "low flow" and "high flow" c:hannels. (Vol. <br />V, 122:17 - 124:11; 131:7 - 132:6; 154:1 -10). <br />The coursE; design functions optimally when the diversion structures capture aind control high <br />water. (Vol. V, 136:16-19; Vol. IX, Ex. UG-26 at 1;4 and Ex. UG-27 at 3-4, 8, 18, 19-20). In fact, <br />"higher flows make the Whitewater Park the recreational attraction it was designed to be." (Vol. V, <br />154:1 - 155:8; Vol. IX, Ex. UG-26 at l, 4). At full capacity, the diversion structures are designed <br />2
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