Laserfiche WebLink
Rocky Mountain News: State Page 1 of 2 <br /> Rocky Mountain News <br /> To print this page, select File then Print from your browser <br /> URL: http : / /www.rockymountainnews.com /drmn/ state / article /0, 1299,DRMN_21_3622042,00.html <br /> Officials scolded on kayak decisions <br /> By Karen Abbott, Rocky Mountain News <br /> March 15, 2005 <br /> The Colorado Supreme Court on Monday sent the state's first recreational water allocation, for a whitewater <br /> course on the Gunnison River, back to the drawing board, issuing a ruling that some say preserves the clout <br /> kayaking supporters have been gaining across the West. <br /> The high court said both the water court and a state water agency misunderstood the procedures laid out in <br /> the 2001 state law permitting such water allocations. <br /> Advertisement <br /> special someone t <br /> click 1 :t: <br /> 0 <br /> , ,.. ....7. i •' - 1 <br /> :1 om nowI i <br /> A <br /> d <br /> A smart way to met interesting people <br /> fli <br /> The Upper Gunnison River Water Conservancy District proposed the whitewater course near Gunnison. It <br /> asked for varying amounts of water to flow through its channels from May through September. <br /> State law gives the Colorado Water Conservation Board power to conduct limited fact - finding on applications <br /> for recreational water rights and make recommendations to the water courts for rulings based on five <br /> factors, including whether the proposal would interfere with Colorado's obligation to give certain amounts of <br /> water to other states. <br /> The water conservation board awarded the whitewater course 250 cubic feet per second for May through <br /> September, and none the rest of the year. The water court awarded more. <br /> The Colorado Supreme Court said both violated procedural requirements of the law and sent the case back <br /> to the Colorado Water Conservation Board to start over. <br /> Supporters of the whitewater course claimed victory with the court's ruling, saying it sends a message to the <br /> state board. <br /> "It's what we've always said from Day 1," said attorney Glenn Porzak, who has handled whitewater courses <br /> for Golden, Vail and Breckenridge. "It's not the (state board) who determines what's a reasonable <br /> recreational experience. It's the applicant that initiates these water rights and what they're intending to <br /> http : / /www.rockymountainnews.com / drmn /cda/article print /0,1983,DRMN 21_3622042_... 3/15/2005 <br />