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Upper Gunnison River Water Conservancy District <br />Case No. 02CW038, District Court, Water Division No. 4 <br />will not cause material injury to any CWCB instream flow water rights; 5) <br />adjudication and administration of the RICD is consistent with and promotes <br />maximum utilization of Colorado's waters; 6) the RICD will divert, capture <br />and control water, if structures 2 -6 are built and maintained as designed; and <br />7) the RICD stream flow will create whitewater features sufficient to attract <br />experienced whitewater kayakers and therefore. will be for the minimum <br />stream flow necessary to provide a reasonable recreation experience in and <br />on the water. <br />2. All elements of the application must be strictly proven before requested water <br />right can be granted. <br />3. This application is not governed by the City of Thornton v. City of Fort <br />Collins, 830 P.2d 915 (Colo. 1992) because the Legislature passed Senate <br />Bill 212 after the effective date of the application in an effort to prevent any <br />further expanded or similar appropriations. Rather, this application is <br />governed solely by Senate Bill 216. <br />D. Objectors State and Division Engineers have advised that it appears at this time <br />that they do not anticipate presenting any evidence at trial. <br />E. Objector Colorado River Water Conservation District ( "River District") has <br />agreed in principle to a stipulation with applicant and anticipates that the stipulation <br />will be executed and filed with the court prior to trial. The River District may wish <br />to present evidence to support the application and to assure compliance with the <br />stipulation. <br />F. Objector Trout Unlimited has advised that it does not anticipate presenting any <br />evidence at trial. <br />G. Objector Uncompahgre Valley Water Users Association has advised that it will <br />not be actively participating in the case, or presenting any evidence. <br />II. STIPULATED FACTS. <br />The following items, be they facts or applications of law to fact, are stipulated or are <br />undisputed: <br />A. The District, a water conservancy district, is an entity designated by S.B. 216 as <br />entitled to appropriate a recreational in- channel diversion ( "RICD "). <br />5 <br />