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News Story #2 Page 2 of 2 <br /> " Water is a very important resource in Colorado," he says. "[Recreational] water rights have the potential <br /> to claim huge flows." <br /> If the Whitewater Park is granted rights to excessive water flows, Kowalski explains, it could limit water <br /> use by those upstream from the park who hold junior water rights. <br /> These junior water rights could include new water storage projects and developments, Kowalski explains, <br /> as well as possible transmountain diversion projects. <br /> " Our board has to consider all potential uses, including trans -basin diversion," he says. <br /> As a result, the case carries additional significance: water rights granted for recreation may become one of <br /> the biggest obstacles standing between the Front Range and a Gunnison Basin water grab. <br /> If Judge Patrick rules again to grant the Whitewater Park the rights requested by the UGRWCD, the river <br /> will have to meet the flow levels necessary for recreational boating in the park before anyone with a junior <br /> water right — including the Front Range —can dip into the water supply. <br /> The battle over water rights for the Gunnison Whitewater Park has also served as a test case for Senate <br /> Bill 216, and Monday's decision will likely affect the outcome of a number of recreational water right <br /> applications throughout the state. <br /> It could also influence debates over Senate Bill 62, which would cap the recreational water rights granted <br /> by Senate Bill 216 at a maximum flow of 350 cfs. The bill, which is opposed by the UGRWCD, has passed <br /> the Senate and is scheduled for a hearing later this month in the House Committee on Agriculture, <br /> Livestock and Natural Resources. <br /> Representative Kathleen Curry (D -61), the chair of the Agriculture Committee, has recused herself from <br /> voting on Senate Bill 62, since she signed the original application for recreational water rights for the <br /> whitewater park when she was serving as UGRWCD manager. <br /> However, Curry says the Supreme Court's decision affirms the need for the state legislature to provide <br /> more direction for the courts in RICD applications. <br /> " I don't think it would hurt to have better input from the General Assembly on how to determine minimum <br /> flow for a reasonable recreational experience," she says. <br /> Currently, she notes, no such definition exists in the statutes. <br /> The District Four Water Court has not yet set a date for its second review of the case. <br /> http:// www. crestedbuttenews.com /news2.html 3/17/2005 <br />