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I ll Legal Slory A whitewater park without any water won't attract many boaters, a situation which inspired the Upper Gunnison River Water Conservancy District —to file for recreational in -chan- nel diversion (RICD) water rights for the whitewater park in 2002. An RICD water right varies from the traditional "use it or lose it" water right, which typically requires water to be removed from the stream and to be put to beneficial use. In the case of a RICD, the water stays in the stream for recreation. After a lengthy court battle against the State of Colorado and other oppo- nents, a final decree granting the UGRWCD the RICD water rights was issued in January 2006. In the end, the district settled with all the opponents in the case, says Karen Shirley, the conservancy district's director. Their water rights now allow the whitewater park to call for peak flows of up to 1,200 cubic feet per second in June, with lower flows allowed from May through September, and when the water will be supplied. The law was the legislature's solution to over appropriation of the state's rivers. Some feel that is not a reasonable expectation in this case. According to Santarelli, "The water district should do something so that upstream users don't have to augment the stream to meet that silly kayak course's (water right). To put a few kayakers in a higher priority than houses or businesses or even tourist - related industries is ridiculous. Suppose somebody wanted to build a resort ?" Upper Gunnison River Water Conservancy District Director Karen Shirley said the district is trying to be flexible and is still learning how to bal- ance the park's rights with its other con- stituents' needs. "I think they all understand this is kind of a work in progress," says Shirley. "The district is looking at some administrative policies to try to decrease augmentation requirements just for indoor use." Gunnison Basin water users are accus- tomed to the concept of augmentation. Generally this means providing an alter- nate source of water to fulfill senior rights, should senior water users put a "call" for their water on the river. Those filing for water rights after the park's 2002 priority date would be most affected. New development has to deal with augmentation requirements from most of the basin already, says Shirley. One of the oldest rights belongs to the Gunnison Tunnel, with a 1904 prior- ity date. The tunnel, located about six miles east of Montrose, was one of the first projects the U.S. Bureau of Reclamation undertook. Upstream, junior water users have been "called out" of the river and had diversions curtailed to meet senior rights. Even if augmentation is required, Shirley says there is no lack of develop- ment in the Gunnison Valley. "The developers aren't discouraged," she says. "It costs them more, but there is not a lack of development above the kayak course." The whitewater park's water right decree stipulates the water district will take the rest of the river basin into con- sideration when placing a call. Shirley says this allows for flexibility, and she anticipates the same flexibility will be required of the district in the future of the course, whatever it evolves into. "If, in 20 years people don't use (the park) as much, we can take that into consideration. We don't know what the next eco- nomic or beneficial use of water will be and it's very hard to predict the future," says Shirley. Boulders and Bulldozers Just installing the waterpark in the first place was a bit of an engineering experiment. What lies beneath the water is a series of rock and concrete diversion structures installed by Gunnison County four years ago. They channel the river into surf holes, drops and pools that boaters and kayakers use to stage competitions or just while away a sunny afternoon. "I've been working with the park since 2002 and the best way I can describe it is a 'work in progress,' " says Bob Jones with the Todd Crane Center for Outdoor Leadership at Western State College. In addition to the water rights battles, those working to construct the park have had to balance issues with the neighbor- ing landowners, the airport, a water - treatment plant and the state transporta- tion department. Proponents have also learned to go with the flow of a con- struction project involving rushing water, which can shift and change everything without warning. "The process (of creating the park) took a lot longer and was much more expensive than I think the district and the county anticipated," Shirley says. As of February 2006, the district had invested approximately $475,000 just in legal fees, mediation, and other costs associated with obtaining the park's water rights. This does not include the amount spent by Gunnison County to construct the park. "The biggest problem and obstacle we had getting the park approved was from homeowners adjacent to the river who were concerned that the features 3 t 01 A freestyle kayaker flips on the Arkansas River during the annual Blue Paddle FIBArk Whitewater Festival held in Salida. S 1 � . I ll Legal Slory A whitewater park without any water won't attract many boaters, a situation which inspired the Upper Gunnison River Water Conservancy District —to file for recreational in -chan- nel diversion (RICD) water rights for the whitewater park in 2002. An RICD water right varies from the traditional "use it or lose it" water right, which typically requires water to be removed from the stream and to be put to beneficial use. In the case of a RICD, the water stays in the stream for recreation. After a lengthy court battle against the State of Colorado and other oppo- nents, a final decree granting the UGRWCD the RICD water rights was issued in January 2006. In the end, the district settled with all the opponents in the case, says Karen Shirley, the conservancy district's director. Their water rights now allow the whitewater park to call for peak flows of up to 1,200 cubic feet per second in June, with lower flows allowed from May through September, and when the water will be supplied. The law was the legislature's solution to over appropriation of the state's rivers. Some feel that is not a reasonable expectation in this case. According to Santarelli, "The water district should do something so that upstream users don't have to augment the stream to meet that silly kayak course's (water right). To put a few kayakers in a higher priority than houses or businesses or even tourist - related industries is ridiculous. Suppose somebody wanted to build a resort ?" Upper Gunnison River Water Conservancy District Director Karen Shirley said the district is trying to be flexible and is still learning how to bal- ance the park's rights with its other con- stituents' needs. "I think they all understand this is kind of a work in progress," says Shirley. "The district is looking at some administrative policies to try to decrease augmentation requirements just for indoor use." Gunnison Basin water users are accus- tomed to the concept of augmentation. Generally this means providing an alter- nate source of water to fulfill senior rights, should senior water users put a "call" for their water on the river. Those filing for water rights after the park's 2002 priority date would be most affected. New development has to deal with augmentation requirements from most of the basin already, says Shirley. One of the oldest rights belongs to the Gunnison Tunnel, with a 1904 prior- ity date. The tunnel, located about six miles east of Montrose, was one of the first projects the U.S. Bureau of Reclamation undertook. Upstream, junior water users have been "called out" of the river and had diversions curtailed to meet senior rights. Even if augmentation is required, Shirley says there is no lack of develop- ment in the Gunnison Valley. "The developers aren't discouraged," she says. "It costs them more, but there is not a lack of development above the kayak course." The whitewater park's water right decree stipulates the water district will take the rest of the river basin into con- sideration when placing a call. Shirley says this allows for flexibility, and she anticipates the same flexibility will be required of the district in the future of the course, whatever it evolves into. "If, in 20 years people don't use (the park) as much, we can take that into consideration. We don't know what the next eco- nomic or beneficial use of water will be and it's very hard to predict the future," says Shirley. Boulders and Bulldozers Just installing the waterpark in the first place was a bit of an engineering experiment. What lies beneath the water is a series of rock and concrete diversion structures installed by Gunnison County four years ago. They channel the river into surf holes, drops and pools that boaters and kayakers use to stage competitions or just while away a sunny afternoon. "I've been working with the park since 2002 and the best way I can describe it is a 'work in progress,' " says Bob Jones with the Todd Crane Center for Outdoor Leadership at Western State College. In addition to the water rights battles, those working to construct the park have had to balance issues with the neighbor- ing landowners, the airport, a water - treatment plant and the state transporta- tion department. Proponents have also learned to go with the flow of a con- struction project involving rushing water, which can shift and change everything without warning. "The process (of creating the park) took a lot longer and was much more expensive than I think the district and the county anticipated," Shirley says. As of February 2006, the district had invested approximately $475,000 just in legal fees, mediation, and other costs associated with obtaining the park's water rights. This does not include the amount spent by Gunnison County to construct the park. "The biggest problem and obstacle we had getting the park approved was from homeowners adjacent to the river who were concerned that the features 3 t 01 A freestyle kayaker flips on the Arkansas River during the annual Blue Paddle FIBArk Whitewater Festival held in Salida.