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<br />TRANSMOUNTAIN DIVERSIONS IN 1992 AND <br />ARAPAHOE COUNTY TRANSMOUNTAIN ~ITIGATION OF <br />GUNNISON RIVER WATER <br /> <br />I. Introduction: <br /> <br />On October 21, 1991, Judge Robert A. Brown entered his <br /> <br /> <br />decision in Case Nos. 86CW226 and 88CW178 with respect to <br /> <br /> <br />applications filed by Arapahoe County to divert, store and <br /> <br /> <br />export waters from tributaries of the Gunnison River to the <br /> <br /> <br />eastern slope. A copy of that decision, from which an appeal <br /> <br /> <br />is expected, is attached. A companion application by the City <br /> <br /> <br />of Aurora (Case No. 86CW37) was withdrawn prior to trial, but <br /> <br /> <br />contributed to various pre-trial rulings. <br /> <br /> <br />The purpose of this presentation is to address informally <br /> <br /> <br />some of the considerations which apply to a proposed <br /> <br /> <br />substantial transmountain diversion project and some of the <br /> <br />specific issues which arose in the Gunnison River litigation. <br /> <br />II. Considerations Relevant to Transmountain Diversion Case. <br /> <br />A. Can Tree Buggers and Water Buffalo become compatible? <br /> <br /> <br />B. Four pending cases interacted with each other: <br /> <br />1. Taylor Park Reservoir claims (86CW202 and 203). <br />2. Diligence application for conditional decrees for <br />Upper Gunnison Project (88CW183). <br />3. Transmountain diversion claims (86CW37 and 226, <br /> <br />88CW178). <br /> <br />4. Private instream flow cases (90CW92 and 110). <br /> <br />-1- <br />