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Opinions of the Colorado Supreme Court are available to the <br /> public and can be accessed through the Court's homepage at <br /> http: / /www. courts. state. co. us /supct /supctcaseannctsindex.htm <br /> and are posted on the Colorado Bar Association homepage at <br /> www.cobar.org. <br /> ADVANCE SHEET HEADNOTE <br /> March 14, 2005 <br /> No. 04SA44, Colorado Water Conservation Board v. Upper Gunnison <br /> River Water Conservancy District - Adjudication of Recreational <br /> In- Channel Diversions under Senate Bill 01 -216 <br /> Appellants the Colorado Water Conservation Board (CWCB or <br /> "the Board ") and the State and Division No. 4 Engineers appeal <br /> the water court's order and decree granting a recreational in- <br /> channel diversion (RICD) conditional water right to Applicant <br /> Upper Gunnison River Water Conservancy District. The Supreme <br /> Court reverses and remands. <br /> After construing SB 216, the Supreme Court holds that the <br /> General Assembly established a procedure for the adjudication of <br /> instream diversions by local government entities for recreational <br /> uses. Specifically, the CWCB was granted initial, limited fact - <br /> finding authority on enumerated factors as applied strictly to an <br /> applicant's claimed stream flow and intended recreation <br /> experience; stream flows or recreation experiences not intended <br /> by the applicant cannot be considered. The water court, in <br /> contrast, was charged with adjudication of a RICD application, <br /> and must consider the five statutory factors — compact <br /> i _ <br />