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DISTRICT COURT, WATER DIVISION 4 <br />MONTROSE COUNTY, COLORADO <br />1200 N. Grand Ave., Bin A <br />Montrose, CO 81401-3146 <br />CONCERNING THE APPLICATION FOR WATER <br />RIGHTS OF UPPER GUNNISON WATER <br />CONSERVANCY DISTRICT <br />1N GUNNISON COUNTY, COLORADO <br /> ? COURT USE ONLY ? <br />Attorneys for the State of Colorado: <br />Case No. 02CW38 <br />KEN SALAZAR, Attorney General <br />SUSAN J. SCHNEIDER, Assistant Attorney General Div. /Crtrm. <br />Attorney Reg. No. 19961 * <br />LORI J. COULTER, Assistant Attorney General <br />Attorney Reg. No. 17766* <br />1525 Sherman Street, Sth Floor <br />Denver, CO 80203 <br />Telephone: (303) 866-5046 & (303) 866-5072 <br />*Counsel of Record <br />ANSWER TO APPLICANT'S CLOSING BRIEF <br />The Colorado Water Conservation Board ("CWCB") and the State and Division <br />Engineers, (collectively, "the State"), through the undersigned counsel, hereby submit <br />this Answer to Applicant's Closing Brief. <br />SUMMARY OF THE ARGUMENT <br />The long-standing diversion requirement set forth in Colorado's constitution created <br />inherent physical limitations on the amount of water that could be appropriated by one <br />entity, thus ensuring "maximum utilization" of Colorado's scarce and most valuable <br />resource. With no diversion requirement, Colorado would have been a riparian state and <br />claims for water would have no such physical limitations. Thus, throughout the State's