Agenda Item 22, Authorization to Proceed to Trial, Case No. 4-02CW38

• Description: Gunnison RICD
• State: CO
• Basin: Gunnison
• Water Division: 4
• Date: 7/18/2003
• Author: Dan Merriman, Ted Kowalski
• Title: Agenda Item 22, Authorization to Proceed to Trial, Case No. 4-02CW38
• Water Supply Pro - Doc Type: Board Memo

STATE OF COLORADO
Colorado Water Conservation Board
Department of Natural Resources
1313 Sherman Street, Room 721
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
www.cwcb.state.co.us
MEMORANDUM
To: CWCB Members
From: Dan Merriman, Ted Kowalski
Date: July 18, 2003
Bill Owens
Governor
Greg E. Watcher
Executive Director
Rod Kuharich
CWCB Director
Dan McAuliffe
Deputy Director
Re: Agenda Item 22, July 28 -29, 2003 Board Meeting —
Stream and Lake Protection Section — Authorization to Proceed to Trial -
Case No. 4- 02CW38;
Back9yound
This Application is set for a one -week trial, to begin on September 15, 2003, in
Gunnison, Colorado. The Applicant, the Upper Gunnison River Water Conservancy
District, has applied for a Recreational In- Channel Diversion ( "RICD ") pursuant to
Senate Bi11216. The CWCB held a hearing regarding this RICD in September 2001.
The Staff will participate in the water court process to defend the Board's findings and
recommendations, and to assure compliance with Senate Bill 216.
Staff Recommendation
The Staff recommends that the Board authorize the Staff to proceed to trial to defend the
Board's findings and recommendations and to assure compliance with Senate Bill 216.
The Staff is open to discussing settlement with the Applicant, and will discuss with the
Board with any settlement proposals that are offered to the Board prior to the July 2003
Board meeting.