Case No. 02SA226 Affidavit of Dawn M. Heher October 2002

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DISTRICT COURT WATER DIVISION NO. 4, COLORADO Court Address: 1200 North Grand Avenue, Bin A Montrose, CO 81401 -3146 (970) 252 -4304 CONCERNING THE APPLICATION FOR WATER RIGHTS OF: UPPER GUNNISON RIVER WATER COURT USE ONLY CONSERVANCY DISTRICT, Case Number: 02CW38 IN GUNNISON COUNTY, COLORADO Div.: Ctrm.: KEN SALAZAR, Attorney General SUSAN SCHNEIDER, Assistant Attorney General* 1525 Sherman Street, 5t" Floor Denver, CO 80203 (303) 866 -5046 Fax: (303) 866 -3558 susan.schneiderp,state.co.us Registration Number: 19961 *Counsel of Record FINDINGS AND RECOMMENDATIONS OF THE COLORADO WATER CONSERVATION BOARD TO THE WATER COURT In March 2002, the Upper Gunnison River Water Conservancy District ( "UGRWCD" or "Applicant ") filed an application for a Recreational In- Channel Diversion water right ( "the RICD ") for its proposed recreational boating course in Case No. 02CW38. Pursuant to section 37 -92- 102(5) & (6), C.R.S. (2001), the Colorado Water Conservation Board ( "CWCB" or "Board ") must submit findings and recommendations to the Water Court within 90 days after the closing date for filing statements of opposition. In July 2002, the Water Court granted'the Board an extension of time until October 11, 2002 to submit its findings and recommendations to the Water Court. The Applicant requested a hearing before the Board as provided in sections 37-92 - 102(6)(a), C.R.S. (2001). The CWCB held a hearing in Gunnison on September 10, 2002, pursuant to the CWCB's Rules Concerning Recreational In- Channel Diversions, 2 CCR 408 -3 (2001) ( "RICD Rules "), and section 37- 92- 102(5) & (6), C.R.S. (2001). The CWCB heard comments and oral testimony from party witnesses and representatives, interested citizens, and the Applicant. Also, the Board accepted and reviewed voluminous written testimony and exhibits. The Board completed its deliberations and EXHIBIT 3