Prehearing Statement of Upper Gunnison River Water Conservancy District

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Colorado Water Conservation Board Concerning The Application for Water Rights of the Upper Gunnison River Water Conservancy District, In the Gunnison River In Gunnison Count Case Number: 4-02CW038 PREHEARING STATEMENT OF THE UPPER GUNNISON RIVER WATER CONSERVANCY DISTRICT . Applicant, Upper Gunnison River Water Conservancy District ("District"), submits the following prehearing statement pursuant to Rule 13(d), Recreational In- Channel Diversion Rules of the Colorado Water Conservation Board ("CWCB") and the Notice of Prehearing Conference and Deadlines dated June 11, 20021. I. Back ound In 1998, Gunnison County Manager John DeVore met with persons interested in developing a whitewater park on the Gunnison River adjacent to the County's water treatment plant, to discuss the County's willingness to speazhead development of a professionally-designed and constructed whitewater park. The Gunnison Whitewater Park was expected to be an important part of the County's overall plan to develop outdoor recreation amenities within the County, and would be integrated into its trail system. From the beginning, Gunnison County and the District worked cooperatively to develop this project, with the District assuming responsibility for obtaining the necessary water rights. As a water conservancy district organized pursuant to C.R.S. § 37-45-101 et seq. (2001), the District has typically been responsible for acquiring and defending water rights for the benefit of its constituents. The District also has a long-held policy of improving water supplies for recreational purposes. (Testimony of John DeVore and Kathleen Curry.)Z An advisory committee was appointed to develop further information regazding the whitewater park, and a public meeting was held October 20, 1998. Following favorable community input from that meeting, Gary Lacy, an experienced whitewater course designer, was employed to design the boating course. The design was completed ' By its participarion in the CWCB process provided for by S.B. 216, the District does not waive its right to challenge the consritutionality of S.B. 216, or other matters relating to said statute, or to challenge the RICD rules, including whether any of them are beyond the scope of the CWCB's authority granted pursuant to C.R.S.§ 37-92-102(6)(b) (2001). Z This Prehearing Statement idenrifies witnesses who are expected to tesrify to the statements made. Other wimesses may also testify regarding such matters and related matters. 1