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Dec, 9, 2002 10:40AM <br />LAVA OFFICES <br />N �- 4 9,1 8 P- 2!:� <br />DISTRICT COURT, <br />WATER (DIVISION NO. 4, COLORADO <br />1200 N. Grand Ave. Bin A <br />Montrose, C . 1 8d4U1,3.146. <br />CONCERNING UPPER GUNNISON RIVER <br />DISTRICT'S APPLICATION FO 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 />NA,'TL'R4L ENERGY RESOURCES CO. (NECO) <br />P. O. Box $67 <br />Palmer Lake, CO 80133 <br />(719) 481 -2003, Fox (713) 481 - 345 2 <br />WITHDRAWAL OF NECO'S STATEMENT OF OPPOSITION <br />1...NECO.hereby withdraws its Statement of Opposition to the Upper Gunnison's <br />Minimum Instrearn Flow Water Right Application for the proposed Gunnison River <br />. "Whiteivater Boating Course. <br />2. Opposition from east and west slope stakeholders is no longer essential, because of the <br />Colorado Wafter 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 />efs, us proposed in the Application, <br />3. 250 efs will provide reasonable recreational experiences, while protecting Colorado's <br />right to stare 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. CWC'B'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, 2o42) <br />Respectfully submitted this 6 day of December 2002, <br />i <br />Allen D. (Dave) Miller, President <br />