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Motion for Leave to File a Brief as Amici Curiae
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Motion for Leave to File a Brief as Amici Curiae
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Last modified
1/26/2010 4:41:40 PM
Creation date
7/29/2009 1:59:42 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
9/29/2004
Author
Anne J. Castle, John M. Ely, David Baumgarten, Anthony J. DiCola
Title
Motion for Leave to File a Brief as Amici Curiae
Water Supply Pro - Doc Type
Court Documents
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attempts to attract tourism and recrea.tion. This outcome hurts the NWCCOG region as well as <br />the State since the mountain communities are pillars of the recreational economy that benefits the <br />region as well as the Sta.te's economy. <br />Eight amici curiae filed a motion to participate in this matter in support of CWCB and the <br />arguments generally outlined above (the "CWCB Amici"). The Court granted those motions and <br />has accepted the amici curiae brief conditionally filed by the CWCB Amici. The CWCB Amici, <br />or those they represent, already own many millions of acre-feet of water rights for such <br />traditional purposes as irrigation, municipal and industrial uses. Their concern in this matter is <br />that future recreation rights may interfere with some future projects not yet covered by a <br />conditional right. The CWCB Amici join with CWCB to present the view that recreation is a <br />lesser form of water use and should be conditioned so as to make recreational rights meaningless. <br />By contrast, the Amici identified in this motion (the "Headwaters Amici") seek to inform <br />the Court that the lower court in this action properly balanced S.B. 216 with existing principles <br />of water law. The Headwaters Amici described in this motion aze all located in headwaters of <br />three of the Sta.te's main rivers: the South Platte, the Colorado and the Gunnison. They are local <br />governments and special districts with one thing in common - dependence on a recreation-based <br />economy. Recreation and tourism represent the biggest and fastest growing industry in this <br />regian and the money generated from those businesses, both directly and indirectly, is critical to <br />the long-term economic health of the region and the State. The Headwaters Amici will assist the <br />Court in understanding the ramifications and negative impacts that will result from the <br />limitations on recreation rights urged by CWCB and the CWCB Amici. <br />5
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