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Upper Gunnison River Water Conservancy District <br /> 02CW0.38 <br /> District, a water conservancy district is an entity designated by S,.B. 216 <br /> 10. The y , ty g y 216, 2001 Colo. <br /> Sess. Laws 1187 -1188 (hereinafter "S .B.. 216 "), as entitled to appropriate an RICD. C.R S. <br /> § 37 -92- 103(4) and (10..3).. <br /> 11. Applicant has effected an appropriation of water by demonstrating a specific plan and intent <br /> to divert the claimed amounts of water at the claimed time periods and to apply such water <br /> to beneficial use. Specifically, the Gunnison River Whitewater Course has been designed <br /> to be conducive to many types of whitewater boating for a variety of different skill levels, <br /> as applicant hopes to draw both locals and tourists, host competitions, enhance Western State <br /> College's outdoor recreation program, and strengthen the region's overall economy CWCB <br /> v. Upper Gunnison, 109 P.3d at 589; C..R,S. § 37- 92- 103(3)(a), Applicant has completed <br /> the "first step" toward the conditional appropriation by showing the requisite intent to <br /> appropriate accompanied by an open, physical demonstration of that intent.. City of Thornton <br /> v. City of Fort Collins, 8:30 P..2d 915, 924 -925 (Colo.. 1992).. <br /> f <br /> 12 . The amounts of water claimed and decreed herein will be controlled in the water's natural <br /> course in the Gunnison River during the claimed time periods by means of the u- shaped dam <br /> structures and offset water deflector devices constructed or proposed for construction in the <br /> Gunnison River Whitewater Course as described above in section 7.. C.R..S.. § 37- 92- 103(7). <br /> 1.3 the controlling of the claimed amounts of water during the claimed time periods by the <br /> proposed in- channel structures and devices and the use of such water for the intended <br /> recreational in- channel boating purposes represents use of that amount of water that is <br /> r easonable and appropriate under reasonably efficient practices to accomplish without waste <br /> the purpose for which the appropriation was lawfully made by the applicant. C R.S § 37 -92- <br /> 103(4) and 103(7). <br /> 14. The recreational in- channel diversion water right herein decreed meets the statutory <br /> definition of "recreational in- channel diversion.." Thus, each flow rate herein decreed for <br /> the Gunnison River Whitewater Course, during the time period for which it is decreed, meets <br /> the definition of a "recreational in channel diversion" set forth in S B . 216 and articulated <br /> by the Colorado Supreme Court. C.R.S , § 37 -92- 103(10.3); CWCB v. Upper Gunnison 109 <br /> P..3d at 60.3 <br /> 12/21/05 -7- <br />