Re: Upper Gunnison River Water Conservancy District RICD

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Staff Report and Recommendation 1. Whether the amount of water sought for the RICD represents the minimum stream flow necessary to provide a reasonable recreation experience in or on the water. (Rule 7) The Staff questions whether the UGRWCD and its designer understand the requirement to limit the water right to the "minimum stream flow" necessary to provide for a reasonable recreational experience. For example, the Course designer states "it is my opinion that water flows of up to 2,000 cfs is what draws the most boaters from many areas, and that the boating experience and the operation of the Whitewater Park are best at that flow rate." Lacy Report, June 21, 2002, page 1. Senate Bill 216 ( "SB 216 ") only permits an entity to obtain a water right for the minimum stream flow necessary to provide a reasonable recreational experience. The Staff recommends that the Board find that the minimum amount of water necessary to provide for a reasonable recreational experience is 250 cfs for May, August, and September and 500 cfs for June and July. UGRWCD has stated that "the Whitewater Park will attract many boaters at 250 cfs and above." Lacy Report, June 21, 2002, page 1. In addition, the Applicant admits that "the design for the Whitewater Park will allow for the creation of whitewater features at a flow of 250 cfs sufficient to attract experienced Whitewater kayakers..." Lacy Report, August 26, 2002. The Staff's examination of the course when the flows were in the vicinity of 300 cfs confirmed that whitewater features do exist at that flow rate. See Staff's Exhibits 3a -3o. The limit of the summer flow amounts would be based, in large part, on balancing the future needs of Colorado against the need to provide for a reasonable recreational experience. There is evidence that limiting the RICD amounts during these months will permit some reasonable water development and exchange potential upstream of the proposed course. The Staff also recommends that there be a limit on when the Applicant can place a call for this water right in order to prevent improper calls. Recreation is the beneficial use. The structures do nothing more than facilitate this use, as with all other types of uses. Thus, the Staff recommends that the Board limit the Applicant to calling only when there is a reasonable probability that someone will be using the course. Also, the Applicant must specify a certain list of agents who may call for this water right. It is not reasonable to request a water right for recreational uses at all hours of the night. The Applicant has not provided any evidence justifying a water right for nighttime hours. Therefore, the Staff recommends that the Applicant be limited to uses between 6 a.m. and 10 p.m., and be limited to placing a call that would provide water between these times. Because flows less than 250 cfs and 500 cfs will not provide the recreational experiences that the Applicant is seeking, the Staff recommends that when UGRWCD's call will not result in a flow rate of 250 cfs or 500 cfs, then UGRWCD's call should be recognized as futile. 2