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Upper Gunnison River Water Conservancy District <br /> 02CW038 <br /> date that is 90 days from the date of the remand order. Upper Gunnison recognizes, as the staff <br /> memorandum points out, that the 90 -day time frame for filing CWCB's findings and <br /> recommendation relates to new applications. Indeed, that is the point. New applications should <br /> not be given preferential treatment compared to an application that has been pending for years. <br /> Even if the water court changes its mind and allows new evidence and the consideration <br /> of all five factors, there is still no reason why this long - pending and thoroughly litigated case <br /> should proceed on a slower track than a new application. SB 216 requires this Board to hold any <br /> requested hearing and issue findings and a recommendation on a new application within 90 days <br /> of the expiration of the water court opposition deadline. Here the opposition period has long <br /> passed, and SB 216 requires that this case not be allowed to languish. <br /> This case is in the same posture as the Steamboat Springs RICD case, which has also <br /> been remanded to this Board. The remand order from Water Division 6 limits the evidence that <br /> can be presented, and establishes a deadline of September 23, 2005 (agreed to by CWCB) for <br /> CWCB to submit to the court its recommendations on the two factors that are the subject of that <br /> remand. Surely CWCB can similarly establish a reasonable briefing schedule and deadline for <br /> filing its revised findings and recommendation in this case without extending into 2006 - nearly <br /> four years after Upper Gunnison's application was filed. <br /> -3- <br />