C.R.C.P. 26(a)(2) Disclosures of The CWCB, Case No. 02CW38

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• • exchanges, the applications for which were filed in 2001 or earlier, and all water rights or exchanges filed in 2002 with appropriation dates senior to October 20, 1998. The claimed water right will not affect the use of water under any water right or exchange with, a priority senior to the claimed water right, even if the water right is upstream or the exchange is made through the reach of the Gunnison River in which the whitewater course is located. This lack of effect should also include upstream conditional water . rights with senior priorities that are subsequently made absolute, unless in the process of making the right absolute the proposed RICD water right could extract some type of subordination condition. Otherwise, under Colorado law, any such senior right could use water as against the proposed RICD water right, and the proposed RICD water right could not call for water as against any such senior right. 4.1.4 Any use of water outside the period May 1 to September 30, from 10 p.m. to 6 a.m. of each day during this period, or in excess of the amount claimed. Because the administration of the proposed RICD water right is limited by the time period, time of day and amount claimed, it will not affect the use of water under any water right or exchange, upstream or downstream, senior or junior, outside the period May 1 to September 30 of each year Administration of the proposed appropriation would also be limited each day to the times during which the,whitewater course was in operation, or from 6 a.rn. to 10 p.m. Uses that can satisfied from water available in excess of the amount claimed will not be affected. 4.2 Use of water that can be affected • While the proposed RICD cannot affect any water right or exchange, upstream or downstream, senior or junior, to water in the Gunnison River that is in excess of the amounts claimed in the application, it will limit the ability to beneficially consume the water protected by the proposed RICD upstream of the whitewater course to the extent such water would othewise have been available to new junior appropriators. For example, the proposed RICD water right cannot affect the use of water under any water right during the period May 1 to May 15, so long as the flow of the Gunnison Riv at the whitewater course exceeds 570 c.fs. However, just because the claimed water right will not be entitled to exercise a call, or assert injury, unless the flow of the River through the whitewater course drops below this amount during this period of time does not mean the proposed Rrop is not removing some opportunities to otherwise beneficially consume water upstream of the whitewater course. Even though the • • proposed RICD is non - consumptive, it acts as if it is 100% consumptive to new junior water rights upstream of the whitewater course. Thus, while the uses of water that could be affected by the proposed RICD water right would be limited to uses under junior water rights located upstream from the whitewater course, or junior exchanges through the reach of the Gunnison River in which the whitewater course is located, these limitations could be considered significant, particularly to potential new transmountain diversions. While agreements the UGRWCD has made to not call for administration of the RICD at times when the downstream senior Gunnison Tunnel or Redlands Power Canal water rights are 6of17