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Cynthia F. Covell, Esq. <br />July 17, 2002 <br />Page 3 <br />Effect on Other Water Rights <br />The Whitewater Course water right will have a 2002 priority date and is therefore junior to <br />all existing absolute and conditional water rights. Assuming proper administration, the Whitewater <br />Course water right cannot injure any water right with a senior appropriation. As presented in Figure <br />4, the Whitewater Course water right will be satisfied in the majority of the years and therefore will <br />only call out any future junior water right appropriations in the drier years. The Whitewater Course <br />water right could affect the development of any future upstream junior water rights and exchanges, <br />as would a hydroelectric right, an instream flow, or any other water right. There are no known <br />proposals for any substantial future upstream development and there is not an instream flow water <br />right for this reach of the Gunnison River. However, development of upstream junior water and <br />exchanges will not be foreclosed because the water rights sought for the Whitewater Course are <br />amounts that will allow for the development of upstream junior water rights and exchanges. In <br />addition, since the Whitewater Course water rights will be nonconsumptive, downstream <br />development opportunities will not be impacted. <br />The Whitewater Course is designed to be contained within the existing stream channel, the <br />water surface area does not increase, and there are no additional evaporative losses, so the use of <br />the water in this manner for recreational purposes is non - consumptive. Since the water right is <br />non - consumptive, it will not add to Colorado's consumptive use entitlement under the Colorado <br />River Compact. <br />Administration <br />The water right for the Whitewater Course can be administered using the existing Gunnison <br />River at Gunnison streamflow gage. The diversions into the West Branch would be subtracted from <br />the Gunnison River gaged flows to determine the flows entering the Whitewater Course. As <br />mentioned earlier, the 1975 Exchange Agreement affects the operation of the Gunnison River. <br />Water is released from Taylor Park Reservoir under the 1975 Exchange Agreement for various <br />purposes including the enhancement of flows in the Taylor River and the Gunnison River for <br />fishery, recreation, and other purposes (see the decree granted in Case No. 86CW203). Any <br />releases under the coordinated operation of Taylor Park Reservoir and the Aspinall Unit under the <br />decree in Case No. 86CW203 would be included within the flow rates used to determine whether it <br />is necessary to call for water under the Whitewater Course water right. For example, if on May 10 <br />the flow entering the Whitewater Course was 570 cfs of which 150 cfs was the result of releases <br />from Taylor Park Reservoir, then the Whitewater Course water right would be satisfied since the <br />claimed water right amount for this period is 570 cfs. <br />Summary of Opinions <br />1. The Whitewater Course will consist of 6 structures over a stream length of approximately <br />one - quarter mile. The purpose of the structures is to concentrate, control, and direct the <br />flows around boulders and through self- scouring holes to cause waves, directional current <br />changes, and other whitewater features that are used by kayakers and boaters for <br />recreation. No additional evaporation is caused by the structures and the use of water in <br />this manner is non - consumptive. <br />2. The claimed flow rates for the Whitewater Course water right are reasonable given the <br />amount of water that is available. The amounts claimed for appropriation are less than the <br />