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issues presented by this appeal, in particular the potential precedent that might bE; established in <br />this case conce rning the use of water for recreation purposes and the scope and nieaning of SB <br />216. <br />b. Cily of Pueblo, a city with approximately 105,000 residents, is situated along a reach <br />of the Arkansas River as the river begins its flow through the plains of southeastern Colorado. <br />Pueblo is constructing a whitewater boating course on the Arkansas River throu€;h downtown <br />Pueblo as a part of a comprehensive plan to revitalize the core area of the city. 7'he first and <br />most extensive phase of the boating course is scheduled to be completed in 2005 and will <br />provide a valuz.ble recreational amenity to the community and be a significant ec;onomic asset to <br />Pueblo by attracting visitors, including kayakers and other boaters, to Puebla's d.owntown area. <br />In order to protect Pueblo's investment in the whitewater boating course, Pueblo filed an <br />application clai.ming an RICD water right with the Water Court, Division Na. 2, in December <br />2001.' In July 2002, Pueblo's RICD application was the subject of a hearing beiore the CWCB <br />under SB 216. After the hearing, the CWCB issued a recommendation to ttie Water Court that <br />Pueblo's applic;ation be approved subject to several conditions, some of which are inconsistent <br />with Pueblo's ;ipplication and are detrimental to Pueblo. Thus, certain issues presented in this <br />case regarding recreational water rights and SB 216 are of crucial importance to Pueblo. <br />Pueblo's position in its RICD proceeding is very similar to Upper Gunnison's in. that this Court's <br />interpretation cif SB 216 may determine the ultimate scope and essential elementts of the Pueblo <br />? During May 2004, Pueblo entered into an intergovemmental agreement ("IGA") conceming Arkansas <br />River basin issue, with other govemmental entities, several of which had filed statements of opposition to Pueblo's <br />RICD application. Among other things, the IGA estabiished a cooperative Arkansas River Flow Management <br />Program to address flow management through the stream reach claimed in Pueblo's RICD application, and set a <br />schedule for settling a series of water court cases. Pueblo's participation in this appeal is in no vray intended to alter <br />its commitments made to the other IGA parties. <br />Tm1639 -4-