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Upper Gunnison River Water Conservancy District <br />Case No. 02CW038, District Court, Water Division No. 4 <br />8. There are no existing decreed instream flow water rights in the proposed <br />water rights reach, or any affected downstream reach of the Gunnison River. <br />9. The claimed water rights can be adequately measured and administered <br />through the proposed reach. <br />10. There is access for recreational in- channel use. <br />11. Exercise of the claimed water rights will not cause material injury to any <br />CWCB instream flow water rights. <br />12. Water is available for the claimed appropriation. <br />13. The waters claimed by applicant can be and will be diverted, or otherwise <br />captured, possessed, and controlled and will be beneficially used and the <br />project can and will be completed with diligence and within a reasonable <br />time. C.R.S. § 37- 92- 305(9)(b). <br />14. Applicant is entitled to a decree confirming conditional water rights for <br />recreational in- channel boating uses at the proposed in- channel physical <br />control structures and devices in the amounts claimed during the claimed <br />time periods with an appropriation date of March 29, 2002 <br />C. Objector CWCB's Claims <br />1. The Colorado Water Conservation Board ( "Board") has recommended that <br />the Court grant Applicant a RICD in the amount of 250 c.f.s. to be used May <br />through September, from 6 a.m. to 10 p.m., provided that the RICD: (1) will <br />not be exercised during any time when the Redlands Power Canal water right <br />or the Gunnison Tunnel water right call for their senior water rights; (2) will <br />not be exercised for amounts under 250 c.f.s. (because that amount would not <br />meet the intended beneficial use); (3) has an adequate measuring device; (4) <br />will be limited to recreational boating purposes only; and (5) a call for the <br />RICD will be honored only when a substantial number of persons are <br />reasonably anticipated to use the recreational boating course (in order to <br />prevent waste.) The Board further found that as long as the foregoing <br />recommendation and conditions are adhered to: 1) the RICD will not impair <br />Colorado's ability to fully develop and put to beneficial use its compact <br />entitlements; 2) there is adequate access for the RICD; 3) the reach of the <br />Gunnison River beginning with Structure 2 and continuing downstream to <br />Structure 6, is an appropriate reach for the RICD; 4) exercise of the RICD <br />n <br />