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DISTRICT COURT, <br />WATER DIVISION NO. 4, COLORADO <br />1200 N. Grand Ave. Bin A <br />Montrose, CO 81401 -3146 <br />CONCERNING UPPER GUNNISON RIVER <br />DISTRICT'S APPLICATION FOR MINIMUM <br />INSTREAM FLOW WATER RIGHTS FOR <br />PROPOSED WHITEWATER BOATING COURSE <br />ON GUNNISON RIVER NEAR CITY OF <br />GUNNISON <br />Case Number 02 CW 038 <br />NATURAL ENERGY RESOURCES CO. (NECO) <br />P. O. Box 567 <br />Palmer Lake, CO 80133 <br />(719) 481 -2003, Fax (719) 481 -3452 <br />WITHDRAWAL OF NECO'S STATEMENT OF OPPOSITION <br />1. NECO hereby withdraws its Statement of Opposition to the Upper Gunnison's <br />Minimum Instream Flow Water Right Application for the proposed Gunnison River <br />Whitewater Boating Course. <br />2. Opposition from east and west slope stakeholders is no longer essential, because of the <br />Colorado Water Conservation Board's public hearing and timely decision to <br />recommend minimum boating flows of 250 cubic feet per second in lieu of up to 1500 <br />cfs, as proposed in the Application. <br />3. 250 efs will provide reasonable recreational experiences, while protecting Colorado's <br />right to store its surplus Colorado River Compact entitlements at high altitude, <br />during heavy runoff years for managed gravity augmentation throughout multiple <br />river basins, when and where needed during the destructive drought cycles. <br />4. CWCB's recommended flows will facilitate development of NECO's proposed <br />Central Colorado Project (CCP) high storage capability. CCP can increase the long- <br />term reliability of Colorado's existing surface and groundwater rights throughout <br />both sides of the Divide during droughts. CCP will also help permanently solve <br />major Colorado water problems, such as: Platte, Colorado, and Rio Grande River <br />endangered species needs; Colorado vs. Kansas Case; and Black Canyon of the <br />Gunnison Instream Flow Case. (see enclosed CCP description dated Oct. 11, 2002) <br />Respectfully submitted this 6 "' day of December 2002. <br />Allen D. (Dave) Miller, President <br />