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WHEREAS, the District has agreed to contribute to the Gunnison Whitewater Park by <br />obtaining and making available appropriate water rights for the whitewater course in order to <br />protect this recreational amenity and the investment therein; and <br />WHEREAS, the District wishes to confirm a water right for the whitewater course, <br />appropriating water legally and physically available in the Gunnison .River for this purpose, in <br />amounts and at times of the year deemed appropriate to allow a reasonable recreational experience; <br />and <br />WHEREAS, on or about September 24, 2001, and for several months thereafter, this Board <br />has discussed the terms and conditions of its planned application for a recreational water right for <br />the Gunnison Whitewater Course in order to further the Board's policy of improving water supplies <br />for recreational purposes, to implement its agreement to work cooperatively with the County on this <br />project and to help ensure protection of the County's investment in the Gunnison Whitewater Park <br />and to ensure that the purpose and function of the whitewater course can be maintained in the future, <br />notwithstanding development of other water rights on the Gunnison River, and <br />WHEREAS, the Board and the County have negotiated an Intergovernmental Agreement <br />setting forth the parties' respective agreements and obligations regarding the Gunnison Whitewater <br />Park; and <br />WHEREAS, the Intergovernmental Agreement confirms the District's responsibility for <br />appropriating water rights for the Gunnison Whitewater Course, and for filing and prosecuting a <br />water court application for such water rights; and <br />WHEREAS, the Board has carefully considered the scope and extent of the water rights <br />appropriation to be made for the whitewater course, in light of its design and intended purposes, the <br />times of year at which it is expected to be used, and the amount of water necessary to fulfill the <br />needs of the whitewater course; and <br />WHEREAS, in considering its appropriation, the Board has obtained engineering and legal <br />advice regarding water availability and recreational water rights, and has requested and obtained <br />public input; <br />NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF <br />THE UPPER GUNNISON RIVER WATER CONSERVANCY DISTRICT as follows. <br />Section One The Board authorizes execution ofthe Intergovernmental Agreement with the <br />Board of County Commissioners of Gunnison County, Colorado, in the form attached as Exhibit A. <br />Section Two The Board directs it staff and consultants, following approval of the <br />Intergovernmental Agreement by the Board of County Commissioners, to promptly complete and <br />rile the Board's application for water rights for the Gunnison Whitewater Course, requesting water <br />-24 <br />