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Upper Gunnison River Water Conservancy District <br />02CW038 <br />A five -day trial was held the following year, in September 2003, and the case was <br />thereafter appealed to the Supreme Court by CWCB. In its decision in Colorado Water <br />Conservation Board v. Upper Gunnison River Water Conservancy District, 109 P.3d 585 (Colo. <br />2005) ( "Upper Gunnison opinion "), the Supreme Court remanded this case to the water court <br />with instructions to remand to the CWCB for factual findings on whether the application <br />comports with the five statutory factors set forth in C.R.S. § 37- 92- 102(6)(b) (I) -(V) (the "102(6) <br />factors "). <br />Briefing Schedule <br />The water court's remand order, attached hereto, directs the CWCB to make findings only <br />on the "compact impairment" and "maximum utilization" factors, inasmuch as the other three <br />factors were undisputed; to make these findings on the basis of the existing record; to consider <br />the effect of the stipulations filed in the case; and to establish a briefing schedule prior to making <br />its required findings. <br />Upper Gunnison proposes that the briefing schedule provide for the parties' submission <br />of simultaneous briefs, with appropriate citations to the existing record, on or before a date that <br />will give the CWCB adequate time to review the briefs and issue its findings and <br />recommendation by September 14, 2005. September 14 is 90 days from the date on which the <br />water court's June 16, 2005 remand order was issued and thus is the outside date by which the <br />-2- <br />