BOARD00200

• Board Meeting Date: 7/23/2002
• Description: ISF Section - Case No. 4-02CW038, Upper Gunnison River Water Conservancy District
• Board Meetings - Doc Type: Memo

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STATE OF COLORADO

Colorado Water Conservation Board

Department of Natural Resources
1313 Sherman Street, Room 721
Del1ver, Colorado 80203
Phone: [phone]
FAX: [phone]
www.cwcb.state.co.us

MEMORANDUM

Bill Owens
Governor

To:

Colorado Water Conservation Board Members

Greg E. Walcher
Executive Director

From: Rod Kuharich, Randy Seaholm, Dan Merriman, Ted Kowalski

Rod Kuharich
CWCB Director

Date: September 3, 2002

Dan McAuliffe
Deputy Director

Re: The Upper Gunnison River Water Conservancy District's Recreational In-
Channel Diversion Application, Case No. 4-02CW38

Backl!round

In March 2002, the Upper Gunnison River Water Conservancy District ("UGRWCD;'
or "Applicant") filed for a Recreational In-Channel Diversion water right on the
Gunnison River ("the RICD"). Pursuant to section 37-92-102(5) & (6), C,R.S, (2001),
the Colorado Water Conservation Board ("CWCB") is required to submit
recommendations and findings to the Water Court within 90 days of 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 file its recommendations and findings to the
Water Court, On May 20, 2002, the Applicant requested a hearing before the Board, and
the CWCB is scheduled to hold a hearing, 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), on September 10, 2002 in Gunnison,

Pursuant to Rule 11 of the RICD Rules, the Staff of the CWCB ("Staff') must submit
a written report and recommendation to the Board, The Staff hereby submits this
document as its written report and recommendation to the CWCB concerning the RICD.
This report and recommendation only reflects the information provided to date, and to the
extent the Staff receives new or different information at the hearing, the Staff reserves the
right to alter its recommendation. The Staff adopts its Prehearing Statement and
incorporates it by reference into this report and recommendation, Nothing herein shall
preclude the Staff from making any arguments it deems appropriate before the water
court. The attached Draft Findings and Recommendations of the Colorado Water
Conservation Board to the Water Court reflect the Staff's report and recommendation,