Proposed Trial Management Order

• Description: Gunnison RICD
• State: CO
• Basin: Gunnison
• Water Division: 4
• Date: 1/1/2003
• Author: Cynthia F. Covell, Gilbert Y. Marchand, Jr., J. Steven Patrick
• Title: Proposed Trial Management Order
• Water Supply Pro - Doc Type: Court Documents

Upper Gunnison River Water Conservancy District
Case No. 02CW038, District Court, Water Division No. 4
May 1-
15
May
16 -31
June
1 -15
June
16-30
July 1-
15
July
16 -31
August
1 -15
August
16 -31
Sept.
1 -15
Sept.
16-30
570
1190
1460
1500
1100
530
460
390
300
270
The only remaining objector actively participating and opposing the application is the
Colorado Water Conservation Board ( "CWCB "). As to other objectors whose opposition has not
been resolved by stipulation, see section I.C. below. Applicant has reached stipulations with the
following objectors: Virgil and Lee Spann Ranches and Robert and Geraldine Howard; the City of
Gunnison; and the objector group consisting of Gerald E. Bullock, Thomas C. Kelley, Brenda M.
Kelley, Roy B. Winslow, Helen Winslow, Paula J. Lehr, William F. Chambliss, Linda Chambliss,
Kenneth R. Bergan, Mary T. Bergan, Ben Peterson, Jill Peterson, Karl R. Peterson, Ruth S. Peterson,
Nancy Ruehle, Raymond L. Ruehle, Arthur I. Means, Toni M. Bullock, Linda M. Goldman, Mike
Peterson, Carl Long, Ruth Marie Long, J. Craig Bryant, and Lu Ann L. Bryant. Objector Natural
Energy Resources Company (acting through Allen D. (Dave) Miller, President) has withdrawn its
statement of opposition.
On April 10, 2002, pursuant to C.R.S. § 37 -92- 102(5) and 37- 92- 305(16), the District
submitted a copy of the application to the CWCB. On May 20, 2002, the District requested a hearing
before the CWCB pursuant to C.R.S. § 37- 92- 102(6)(a). A hearing was held before the CWCB on
September 10, 2002. After deliberations conducted on September 10 and October 1, 2002, the
CWCB submitted its October 11, 2002 Findings and Recommendations of the Colorado Water
Conservation Board to the Water Court. Subject to various conditions stated in the Findings,, the
CWCB recommended that water rights should be granted in the amount of 250 cfs from May through
September.
B. Applicant's Claims
1. Applicant has effected an appropriation of water by demonstrating a specific
plan and intent to divert the claimed amounts of water at the claimed time
periods and to apply such water to beneficial use, specifically recreational in-
channel boating use in the Gunnison Whitewater Course. C.R.S. § 37-92 -
103(3)(a).
2. Recreational in- channel boating is a recognized beneficial use of water under
Colorado water law. C.R.S. § 37 -92- 103(4) and (10.3); City of Thornton v.
City of Fort Collins, 830 P.2d 915 (Colo. 1992).
3. The claimed amounts of water will be controlled in the water's natural course
in the Gunnison River during the claimed time periods by means of the u-