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CWCB vs. Upper Gunnison River Water Conservancy District - Adjudication of RICD under SB 01-216
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CWCB vs. Upper Gunnison River Water Conservancy District - Adjudication of RICD under SB 01-216
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Last modified
7/16/2010 12:39:05 PM
Creation date
7/14/2010 3:45:43 PM
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Template:
Water Supply Protection
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
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of Colorado to fully develop and place to consumptive beneficial <br />use its compact entitlements." Thus, whether a RICD,shields <br />waters from a consumptive use that would otherwise be available <br />under a particular compact is a factor for the CWCB to consider <br />in reaching its recommendation. This duty is consistent with <br />the CWCB's enabling statute which in turn, directs the Board to <br />pay particular attention to development of Colorado's interstate <br />water apportionments. See § 37- 60- 106(1)(h), (i), C.R.S. <br />(2004) . <br />In addition, section 37- 92- 102(6)(b)(V) directs the CWCB to <br />find whether adjudication and administration of the RICD <br />application "would promote maximum utilization of waters of the <br />state" as envisioned by section 37- 92- 102(1)(a) which <br />incorporates a basic tenet of Colorado water law into RICD <br />applications. Again, this duty is consistent with the Board's <br />enabling statute, under which the CWCB has the duty "to promote <br />the conservation of the waters of the state of Colorado in order <br />to secure the greatest utilization of such waters." § 37 -60- <br />106(1). To this end, the CWCB is to promote the implementation <br />of "sound measures to enhance water use efficiency in order to <br />serve all the water needs of the state." § 37- 60- 106(1)(r). <br />If in considering an applicant's claimed stream flows for <br />compliance with the five statutory factors, the CWCB determined, <br />for example, that the RICD would impair the availability of <br />21 <br />
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