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IN THE DISTRICT COURT IN AND FOR
<br /> 14ATER DIVISION NO. 4 "� �;,._• „..- --,.._
<br /> STATE OF COLORADO .; .y._ .__._.__._..._._.__....----.---.-.-
<br /> Case No. W-1987
<br /> IN THE MATTER OF THE APPLICATION FOR )
<br /> WATER RIGHTS OF JOE VADER, E. C. COLLARD,
<br /> LOUIS F. VAN TUYL, RAYMOND P. VAN TUYL, and )
<br /> JOAN BLUMEL, d/b/a UNION PARK .POOL ) RULING OF REFEREE
<br /> ASSOCIATION, IN GUNNISON COUNTY. )
<br /> The applicants, Joe Vader, E. C. Collard, Louis F. Van Tuyl, Raymond
<br /> P. Van Tuyl and Joan Blumel, d/b/a Unison Park Pool Association, c/o their
<br /> attorneys, Klingsmith and Russell, P.C., 110 East Virginia Avenue, Gunnison,
<br /> Colorado 81230, request the right to use surface water for stockwater,
<br /> recreation, wildlife procreation, fish culture and heritage preservation
<br /> purposes, all non-consumptive in nature. Filed September 13, 1973.
<br /> IN OPPOSITION - The United States of America, c/o Kenneth J. Burke,
<br /> Department of Justice, P. 0. Box 1656, Denver, Colorado 80201, claiming
<br /> possible impairment of Federal rights., Filed November 30, 1973.
<br /> IN APPEARANCE - The Colorado River Water Conservation District,
<br /> c/o Kenneth Balcomb, P_ 0. Drawer 790, Glenwood Springs, Colorado 81601.
<br /> Filed November 30, 1973.
<br /> GENERAL INFORMATION relative to Cases No. 1985 through 1987, and
<br /> 1991 and 1992.
<br /> The applicants in the above numbered cases have applied for water
<br /> rights in several streams and natural lakes in the Taylor Park area of
<br /> Gunnison County. They are land owners and Government permit holders and
<br /> use their lands for agricultural, livestock and recreational purposes.
<br /> Their use of such lands for such purposes dates back to the early 1900's_
<br /> From the standpoint of the appropriations here, each of the uses which
<br /> claimants have alleged are beneficial to them. They own lands which they
<br /> use for grazing purposes and, of course, the watering of livestock is
<br /> essential in order to properly utilize their lands for this purpose. Their,
<br /> lands are highly suitable for recreational purposes. They are situate
<br /> in a park which is served by improved roads leading into the park from three
<br /> directions, and said park is heavily used by tourists and other people for
<br /> fishing, boating, swimming, and other recreational purposes. The applicants
<br /> themselves use their lands for these purposes and allow other persons to do
<br /> so for profit_
<br /> It is necessary for the proper present use of their lands to be
<br /> able to protect the waters in the streams and lakes claimed by them
<br /> for the continued use by themselves and their clients.
<br /> The Constitution of the State of Colorado clearly provides that the
<br /> waters of every natural stream not heretofore appropriated are subject to
<br /> appropriation as provided by law. Art. XVI, Sec. 5.
<br /> The Supreme Court has held that this right applies to the waters
<br /> of natural lakes. Denver, et al, v. Dotson, 26 Colo 304, 38 Pac. 322.
<br /> The Colorado State Legislature, in 1973, defined the term "appropria-
<br /> tion" so as to delete the requirement of a diversion, C.R.S. 148-21-3(6). No
<br /> longer is there any requirement in the determination of whether an appropricdon
<br /> has been made that waters have been diverted. A valid appropriation, on the
<br />
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