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

"

flooding, flood control, or the one hundred year' flood elevations, except that this right
should be curtailed when flood control operations d,ictate, and there should be a remediation
condition in the decree that is triggered if these stnictures do end up causing icing problems
that result in flooding upstream in the winter months. The Gunnison gage located at
Gunnison may, or may not, be an appropriate gage to administer this water right. Therefore,
the Staff recommends that the decree include lang\Jage that the Applicant will install such
measuring devices or gages as the Division Engineer may require,

.

5. Whether there is adequate access for the RICO.

The Staff recommends that the Board find that there is adequate access for the RICD.

6. Whether the exercise of the RICO would cause material injury to existing ISF
water rights.

The Staff recommends that the Board find that the exercise of the RICD will not
cause material injury to existing ISF water rights. There are no instream flow water
rights on this segment of the Gunnison River, and:none are contemplated at this time,
However, the Staff recommends including protection language for the West Branch of
the Gunnison River should the CWCB appropriat~ an instream flow water right on that
river segment, and should the Applicant agree to subordinate the RICD to the CWCB's
instream flow water right.

7. Whether the adjudication and administration of the RICO would promote
maximum utilization of the waters of the State.

.

The Staff recommends that the decree include, the terms and conditions, as outlined
above, in order to promote maximum utilization of Colorado's water resources. In
addition, the Staff recommends a dry year exception to this water right, similar to the one
included in the Pueblo RICO.

.

4