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• <br /> Upper Gunnison River Water Conservancy District <br /> 02CW038 <br /> 23 Subject to the terms and conditions herein, applicant is entitled to a decree confirming <br /> conditional water rights for recreational in- channel boating uses at the proposed in- channel <br /> physical control structures and devices in the amounts herein decreed during the claimed <br /> time periods with an appropriation date of October 20, 1998.. <br /> 24 In order to comply with the Supreme Court's directives in CWCB v Upper Gunnison, this <br /> Court was required to (A) remand this case to the CWCB for revised findings consistent with <br /> the Supreme Court's delineation of the CWCB's role; and (B) determine whether the <br /> applicant's requested water rights meet the definition of an RICD. CWCB v. Upper Gunnison <br /> 109P.3dat603. <br /> A.. By order dated .June 16, 2005, this Court remanded the case to CWCB, CWCB's <br /> stipulation filed herein provides that: "Pursuant to C..R.S. § 37- 92- 102(6)(a), the <br /> CWCB recommends that the water court grant the application for recreational in- <br /> channel diversion water rights, subject to the terms and conditions of [this decree.]" <br /> Pursuant to that same stipulation, CWCB has made the revised findings required by <br /> C.R,S.. § 37- 92- 102(6)(b) and reported them to this Court as required by C..R..S . § 37- <br /> 92- 305(13) and the Supreme Court's remand order The Court has duly considered • <br /> said revised findings and recommendation <br /> B As provided in paragraph 14 above, Court concludes as a matter of law that each <br /> flow rate herein decreed for the Gunnison Riven Whitewater Course, during the time <br /> period for which it is decreed, meets the statutory definition of "recreational in- <br /> channel diversion" set forth in S B . 216 and articulated by the Colorado Supreme <br /> Court C.R.S. § 37 -92- 103(10.3); CWCB v. Upper Gunnison 109 P..3d at 603... <br /> Therefore, each amount herein decreed is "the minimum stream flow as it is captured, <br /> controlled and placed to beneficial use between specific points defined by physical <br /> control structures pursuant an application filed by a county, municipality, city and <br /> county, water district, water and sanitation district, water conservation district, or <br /> water conservancy district for a reasonable recreation experience in and on the <br /> water." C R S § .37 -92- 103(10.3) . the applicant's intended recreation experiences <br /> are reasonable in light of the amount of water in the Gunnison River in the reach <br /> during each time period for which an RICD flow rate is decreed. CWCB v. Upper <br /> Gunnison, 109 P.3d at 602 -603. <br /> 12/21/05 -9- <br /> C <br />