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

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could be developed or changed to allow for upstream development in the basin. The development of the 33,000 acre -feet remaining under the subordination agreement and upstream of Blue Mesa Dam represents about 7% of the potential 450,000 af/yr of water that can still be developed in Colorado under Colorado's entitlement under the "Law of the River" with some. certainty. 4.5.4. The- existence of suitable downstream points of diversion or storage for • consumptive beneficial uses before the water leaves the state. There is significant development in the Gunnison River Basin downstream from the claimed water right. The Aspinall Unit, the Gunnison Tunnel, and the Redlands Power Canal all represent significant levels of development. The water rights adjudicated to these projects are the major controlling water rights in the Gunnison Basin, and affect any additional development downstream from the claimed water right. In any event, we agree and as discussed above, the proposed RICD water right will not affect downstream development opportunities, because the right is non - consumptive in nature. 4.5.5. Exchange opportunities within the state that may be adversely impacted by the 'existence of the RICD. As discussed above and acknowledged by the applicant's experts, the proposed RICD water right does have the potential to have a limited effect on the operation of junior exchanges upstream through the reach of river in which the proposed RICD water right is located. We are uncertain at this time whether we agree with the report of James Slattery that indicates that there is a significant amount of water available for development even with the proposed RICD water right inplace. We agree that there are also some significant upstream conditional water rights, such as the Union Park Project and those of the UGRWCD, that are senior to the proposed RICD water right. We also understand that exchanges are not the only method of development of upstream water. Upstream water could be developed through reservoirs that could store water in years or at times of the year when there is water available for storage, and which could deliver water for use either directly or by replacement or provide augmentation to the either the proposed RICD water right or to other water rights. We understand that the Upper Gunnison River Basin above the proposed RICD is not the only location in which there are opportunities to consumptively use water apportioned to Colorado under the "Law of the River." However, the Upper Gunnison is one of the more viable locations and ifs'retnoval as a viable option certainly may impair Colorado's development opportunities to some degree. While the UGRWCD has agreed to limit the call of the proposed RICD water right when the Gunnison Tunnel and Redlands Power Canal water rights are or could be calling, and to operate the whitewater course only during the day, the RICD still controls 157,000 acre -feet some of which has the potential to be developed for consumptive beneficial purposes. 4.6. Whether the Adjudication and Administration of the Claimed Water Right Will Promote the Maximum Utilization of the Waters of the State of Colorado . One requirement of the statute governing the adjudication of RICD water rights is that the Court shall determine "whether the adjudication and administration of the 14 of 17