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Case No. 01SA252 Motion for Leave to File a Breif as Amici Curiae April 2002
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Case No. 01SA252 Motion for Leave to File a Breif as Amici Curiae April 2002
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Case No. 01SA252 Motion for Leave to File a Breif as Amici Curiae April 2002
State
CO
Date
4/8/2002
Author
Kassen, Milenda R.; Zimmerman, Kathleen C.
Title
Case No. 01SA252 Motion for Leave to File a Breif as Amici Curiae April 2002
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g. America Outdoors (North America Outdoors Inc.) is a nonprofit association of <br />outfitters, guides and suppliers with 600 company members who provide whitewater rafting, <br />canoe and kayak instruction, fishing and other outdoor recreation experiences operating in 43 <br />states. America Outdoors has approximately 13 company members operating rafting and fishing <br />trips in the State of Colorado. Our mission 'includes the conservation of river resources and the <br />conservation and enhancement of quality outdoor recreation experiences on America's lands and <br />waters. <br />2. REASONS WHY AMICI PARTICIPATION IS DESIRABLE. <br />The fundamental question in this lawsuit is whether non - consumptive, in- channel <br />recreation water rights should be quantified and adjudicated under the same rules and practices as <br />other water rights, or should instead be subject to different standards so as to preserve water for <br />other uses that some may deem more important. The Appellants in this matter, the Colorado <br />Water Conservation Board and the State and Division Engineers (the "State "), assert, among <br />other things, that, regardless of the.applicant's intended beneficial use, in- channel, non- <br />consumptive, recreational water rights must be limited to the very minimum quantity that will <br />allow in- channel recreation to occur. Opening Brief at 24 -26. Moreover, the State suggests that <br />affirming the water right at issue in this case will impair Colorado's ability to maximize its <br />utilization of its scarce water resource. Id. at 28. <br />Twenty -two amici curiae filed motions. to participate in this matter in support of the State <br />and the arguments generally outlined above (the "State Amici" ). The Court granted those <br />motions and has accepted the four briefs conditionally filed by the State Amici. (Order dated <br />4 <br />
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