Re: Request for Services Case No. 5-02CW038

• Description: Gunnison RICD
• State: CO
• Basin: Gunnison
• Water Division: 4
• Date: 5/24/2002
• Author: Rod Kuharich, CWCB
• Title: Re: Request for Services Case No. 5-02CW038
• 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
Bill Owens
Governor
Greg E. Walcher
MEMORANDUM Executive Director
Rod Kuharich
CWCB Director
TO: Linda Bassi Dan McAuliffe Deputy Director
First Assistant Attorney General
From: Rod Kuharich
Director, Colorado Water Conservation Board
Date: May 24, 2002
Re: Request for Services
Case No. 5- 02CW038; Upper Gunnison River Water Conservancy District (Gunnison River)
Please have your staff prepare a Statement of Opposition on behalf of the Board in 4- 02CW038. A
review of the facts in the application indicates that the applicant may be requesting an instream flow.
In addition, the Applicant's appropriation may exceed the amount of water necessary to accomplish
the purposes for which an appropriation is sought. The major areas of concern in this case which we
feel should be included in the Statement of Opposition are as follows:
1. The Applicant is seeking approval of conditional water rights to be used in a stretch of
the Gunnison River which is referred to as the Gunnison River Whitewater Course. This
purpose is similar in nature to instream flow use.
2. Section 37 -92- 102(3) C.R.S. provides: "...no other person or entity [other than the
CWCB] shall be granted a decree adjudicating a right to water or interests in water for
instream flows in a stream channel between specific points, ..., for any purpose
whatsoever." The Applicant may not obtain a decree that violates this statutory
requirement.
3. The Applicant must be held to strict proof as to its claim that it is diverting the water
claimed in its application.
4. The Applicant must be held to strict proof that it is seeking a water right that is a legally
cognizable beneficial use of that water.
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