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F-1 Small Claims ❑County Court District Court <br />$i _ i= <br />❑ Probate Court ❑ Juvenile Court ❑ Water Court <br />Al <br />I <br />DISTRICT COURT, COUNTY OF MONTROSE <br />STATE OF COLORADO <br />Court Address: 1201 N. Grand Avenue <br />Montrose, Colorado 81401 <br />(970) 252 -4300 <br />CONCERNING THE APPLICATION FOR WATER <br />RIGHTS OF THE UPPER GUNNISON RIVER WATER <br />Case Number: 02CW038 <br />CONSERVANCY DISTRICT <br />Division: 4 <br />REMAND ORDER TO COLORADO WATER CONSERVATION <br />BOARD <br />This matter involves an application brought by the Upper Gunnison River <br />:Wager . Conservancy District for a recreational in- channel diversion. This case is <br />the first case to be tried under, the recently adopted statutory framework set forth <br />in Senate Bill 216, C.R.S. Section 37 -92 -101, et sec. This matter came on for <br />consideration before the Colorado Water Conservation District September 10, <br />2002, with written findings issued October 11, 2002. The matter proceeded to a <br />five -day trial commencing September 15, 2003. Both the CWCB and Trial Court <br />were reversed in a decision rendered by the Colorado Supreme Court March 14, <br />2005. Colorado Water Conservation Board v. Upper Gunnison River Water <br />Conservancy District, 109 P.3d 585 (Colo. 2005). The Supreme Court remanded <br />this case to the Water Court with instructions to remand to the CWCB for factual <br />findings on whether the application — strictly the stream flows and recreational <br />experience submitted — comports with the five statutory factors. (This reference <br />