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Upper Gunnison River Water Conservancy District <br /> 02CW038 <br /> Division No 4 appealed The Colorado Supreme Court's ruling was entered in Colorado <br /> Water Conservation Board v Upper G- unnison River Water Conservancy Distract, 109 P..3d <br /> 585 (Colo. 2005) ( "CWCB v. Upper Gunnison ") on March 14, 2005, and the Supreme Court <br /> remanded the case to this Court (1) so that the CWCB could make its statutorily required <br /> findings and recommendation based on the stream flow amounts and recreation experience <br /> claimed by the applicant, and (2) so that this Court could then consider those revised findings <br /> and recommendation and further determine whether applicant's intended recreational in- <br /> channel diversion ( "RICD ") comports with the definition of "recreational in- channel <br /> • <br /> diversion" found in S.B.. 216 as articulated by the Supreme Court. All remaining issues <br /> having been settled among the remaining opposers, and the Court now enters this decree <br /> 7. The water rights decreed herein are described as follows: <br /> A Names of structures: Gunnison River Whitewater Course (also referred to herein as • <br /> the "Course ") The Gunnison River Whitewater Course is located in the Gunnison <br /> Whitewater Park and is designed to consist of six structures, consisting of three u•- <br /> shaped dam structures and three double offset water deflector devices.. As of the trial <br /> date, three of the six structures had been constructed: two u- shaped dams referred to <br /> • <br /> as structures five and six, and one double offset deflector device referred to as <br /> structure two. (References in this decree to structures as "built," "partially built," or <br /> • <br /> • <br /> "not yet constructed" refer to the status of construction at the time of trial.) the six <br /> • <br /> structures will concentrate and control the flows of the Gunnison River for <br /> recreational boating purposes. A water right is decreed herein for each of the six • <br /> • <br /> structures The six structures make up the Gunnison River Whitewater Course. <br /> B . Legal description of structures: The Course is located downstream of Highway 50, <br /> near the City of Gunnison within the channel of the Gunnison River in Sections 2 and <br /> 3, Township 49 North, Range 1 West, of the New Mexico Principal Meridian, <br /> County of Gunnison, State of Colorado. This location is approximately 150 miles <br /> upstream of the state line. The approximate locations of the six structures which <br /> constitute the Course are as follows: <br /> Structure 1 (not yet built): A "V" dam located within the channel of' the Gunnison <br /> River located North 2 degrees East, a distance of 880 feet from the southwest corner <br /> of' Section 2. <br /> 12/21/05 -3- <br />