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DISTRICT COURT, WATER DIVISION NO. 4, <br />STATE OF COLORADO <br />Montrose County Justice Center <br />1200 North Grand Avenue Bin A <br />Montrose, CO 81401 -3146 <br />970.249.2859 <br />CONCERNING THE APPLICATION FOR WATER <br />RIGHTS OF THE UPPER GUNNISON RIVER <br />WATER CONSERVANCY DISTRICT <br />A COURT USE ONLY A <br />IN GUNNISON COUNTY <br />Cynthia F. Covell, #10169 <br />Case Number: 02CW038 <br />Alperstein & Covell, P.C. <br />Gilbert Y. Marchand, Jr., Of Counsel, #19870 <br />1600 Broadway, #2350 <br />Water Division No. 4 <br />Denver, CO 80202 -4923 <br />Phone: (303) 894 -8191 <br />Fax: (303) 861 -0420 <br />email: cfc@alpersteincovell.com <br />gymlaw @earthnet.net <br />PROPOSED TRIAL MANAGEMENT ORDER <br />Counsel for applicant, Upper Gunnison River Water Conservancy District, <br />( "applicant" or the "District"), and the undersigned remaining active objectors ( "active objectors "), <br />have agreed to the contents of the following proposed trial management order pursuant to C.R.C.P. <br />16, provided, however, that it may be modified by agreement of the parties at or before the Trial <br />Management Conference scheduled for Friday, August 22, 2003 at 1:00 p.m. <br />I. STATEMENT OF CLAIMS AND DEFENSES. <br />A. Summary of proceedings to date <br />Applicant filed an application seeking conditional recreational in- channel water rights for the <br />Gunnison Whitewater Course. The water rights would be exercised in connection with six separate <br />dam structures and water deflector devices that will capture, concentrate, and control the flows of <br />the Gunnison River in its natural course for water -based recreational uses. The amounts claimed are <br />for the months of May through September of each year. The claimed flow rates vary in two -week, <br />intervals, as follows: <br />