Case No. 02CW038 Decree January 2006

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Uppey, Gunnison . Riven IYater° Consery it : District i 02CW038 22 The waters claimed by applicant can be and -will be divezted, or otlretwise captured, possessed, and controlled and NviAl be beneficially used and the pro ect can and will Ise completed with diligence and within a reasonable time. C R S.. § 37-92-305(9)(b), 21 Subject to the terrrrs and conditions herein, applicant is emitted to a decree confirming conditional watei rights for recreational in- channel boating uses at the proposed in- channel physical control structures and devices in the amounts herein decreed during; the claimed time petiodswith an appiopriation crate of October 20, 1998 14 In order to comply r:h ire Suprome Court's directives in C WCB Y. Upper Gunnison, this Count sofas iequited to (A) rcnaand this case to the CW CB ferry evised. findings consistent with the Supreme CCouit's delineation of the CWCB's aole, -and (B) tietea-mine whether the appfi .ant's requested water rights meet the definition o.fan R lCf . C WCB v Upper Gunni3on 109 P <3d at 643 By order dated .June 16, 2005, this Court rc mandcd the case to CWCB. CWC13's stipulation filed herein piovides that: "Pwsuant to C, RS §- 37- 92- 102(6)(a), the CNVCB re€:orn ends that dre seater court grant the application for tecreational In- channel diversion water ti f ats, subject to the terms and conditions of [this decree I" Prarsuant to that same stipulation, CWCB has made the revised findings required by C R,S § .37 -€ 2 -1 02(6)(b) and repotted them to this Cate t as requir c.d by C R S. § 3'7- 92- 305(1.3) and the Suprerric Court's tern and cycler The Court hers deity considered said revised endings and rtcommendation, As provided hi paragiaph 14 above, Court concludes as a tnattet of lase that each flow rat;: hc:tein decreed for the Gunnison f2ivet tr hitewater Course, daring the time period f6r which it is decteett meets the statutory definition of "zecxcational in- channel division" set forgo in S.B: 216 and articulated by the Colorado Supzeme Court C RS: § 3?-92-103(103); CIPI'CB v Qppe} Gunnison 109 P 3d at 603. `I'bet cfore, each aarrount her zin decreed is ``Elie minimum stream flow as it is captured, controlled and placed to be cficial use between specific points defined by physical control structures pursuant an application filed by a caunty, municipality, city and county, water district, watca arod sanitation district, water conservation district, € r water eonscr:ancy district for• a reasonable rectcation experience in and on the water-CRS .3 {- 92- 18(14 :3).. Tlae applicant's intended recreation eatpericnces 4l,` ()6,'U6 -9- 3_ i s