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• <br /> Upper Gunnison Riven Water Conservancy District <br /> 02CW038 <br /> 15. The adjudication and administration of the water right decreed herein will not impair the <br /> ability of Colorado to fully develop and place to consumptive beneficial use its compact <br /> entitlements. C,R..S.. § 37- 92- 102(6)(b)(I).. <br /> 16 The reach ofthe Gunnison River in which the Gunnison River Whitewater Course is located <br /> is an appropriate reach of stream for the intended use.. C,.RS , § 37- 92- 102(6)(b)(II) <br /> 17 Ihere is access to the Gunnison Riven Whitewater Course for recreational in- channel use. <br /> C.R S.. § 37- 92- 102(6)(b)(III). <br /> 18 There are no existing decreed instream flow water rights in the reach of the Gunnison River <br /> Whitewater Park, or any affected downstream reach ofthe Gunnison River.. Exercise of the <br /> water rights decreed herein will not cause material injury to any CWCB instream flow water - <br /> rights. C,R.S. § 37-92-102(6)(b)(IV). <br /> 19.. The adjudication and administration of the water rights decreed herein, subject to the <br /> conditions of this decree, will promote maximum utilization of the waters of the state <br /> C.R.S, § 37- 92- 102(6)(b)(V). The water rights decreed herein for the Gunnison River <br /> Whitewater Course conserve and efficiently use the available Gunnision River flow, thereby <br /> promoting maximum utilization. CWCB v. Upper Gunnison, 109 P.3d at 595. <br /> 20 The water rights decreed herein should be able to be adequately measured and administered <br /> through the proposed reach by using the U..S..G.S.. Gunnison River at Gunnison gage and <br /> accounting for intervening diversions between that gage and the whitewater course.. <br /> Nevertheless, applicant shall install such other adequate measuring devices as may <br /> reasonably be required by the Division Engineer, <br /> 21, Water is available for the claimed appropriation.. Board ofCounty Commissioners of County <br /> of Arapahoe v. U.S., 891 P 2d 952, 962 (Colo, 1995). <br /> 22 The waters claimed by applicant can be and will be diverted, or otherwise captured, <br /> possessed, and controlled and will be beneficially used and the project can and will be <br /> completed with diligence and within a reasonable time.. C,R S. § 37.92- 305(9)(b).. <br /> • <br /> 12/21/05 -8- <br /> Jj/ 3 <br /> V ( - <br />