CWCB vs. Upper Gunnison River Water Conservancy District - Adjudication of RICD under SB 01-216

• Description: Gunnison RICD
• State: CO
• Basin: Gunnison
• Water Division: 4
• Date: 3/14/2005
• Author: CWCB, Upper Gunnison River Water Conservancy District
• Title: CWCB vs. Upper Gunnison River Water Conservancy District - Adjudication of RICD under SB 01-216
• Water Supply Pro - Doc Type: Court Documents

I
Opinions of the Colorado Supreme Court are available to the
public and can be accessed through the Court's homepage at
http: / /www. courts. state. co. us /supct /supctcaseannctsindex.htm
and are posted on the Colorado Bar Association homepage at
www.cobar.orq.
ADVANCE SHEET HEADNOTE
March 14, 2005
No. 04SA44, Colorado Water Conservation Board v. Upper Gunnison
River Water Conservancy District - Adjudication of Recreational
In- Channel Diversions under Senate Bill 01 -216
Appellants the Colorado Water Conservation Board (CWCB or
"the Board ") and the State and Division No. 4 Engineers appeal
the water court's order and decree granting a recreational in-
channel diversion (RICD) conditional water right to Applicant
Upper Gunnison River Water Conservancy District. The Supreme
Court reverses and remands.
After construing SB 216, the Supreme Court holds that the
General Assembly established a procedure for the adjudication of
instream diversions by local government entities for recreational
uses. Specifically, the CWCB was granted initial, limited fact-
finding authority on enumerated factors as applied strictly to an
applicant's claimed stream flow and intended recreation
experience; stream flows or recreation experiences not intended
by the applicant cannot be considered. The water court, in
contrast, was charged with adjudication of a RICD application,
and must consider the five statutory factors — compact