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

..

DRAFT

\

The Board's findings and recommendations are based on all ofthe information
presented to the Board. The Board considered all Of the issues related to the factors that
the Board is required to consider, and the Board's findings and recommendations are
based on the careful balancing of future needs of the State with the Applicant's desire to
provide reasonable recreational opportunities.

.

The Board submits this document to the Water Court as its written findings and
recommendations concerning the RICO.

FINOINGS
The Board finds as follows:

1) Subject to the amounts specified below, and the conditions set forth below in the
recommendations section, adjudication an4 administration of the RICO will not
impair Colorado's ability to fully develop and put to beneficial use its compact
entitlements;
2) There is adequate access for the RICO;
3) The reach of the Gunnison River is an appropriate reach for the RICO;
4) Exercise of the RICO will not cause material injury to any CWCB
instream flow water rights;
5) Subject to the amounts specified below, and the conditions set forth below in the
recommendations section, adjudication and administration of the RICO is
consistent with and promotes maximum utilization of Colorado's waters;
6) The RICO will divert, capture, and control water in its natural course and
location, if these structures are built and maintained as designed; and
7) Subject to the amounts specified below, arid the conditions set forth below in the
recommendations section, the RICO will qe for the minimum stream flow
necessary to provide a reasonable recreation experience in and on the water if
those stream flow amounts are as follows:!
500 cfs during June and July, and ,
250 cfs during May, August, and Septe~ber

.

RECOMMENOA TIONS
The Board recommends that the water court grant the RICO, in the amounts specified
as providing a reasonable recreation experience hi finding number 7 above, subject to the
following terms and conditions: i

1) The RICO will not be in effect or exercis~d after 10 p.m. and before 6 a.m. on any
given day. '

2) The RICO shall not be in effect during any month for which the Natural
Resources Conservation Service reports in its Colorado, Basin Water Supply
Outlook Reports as of the first day ofthatlmonth a "most probable forecast" (50%
chance of exceedance) for the flows of th~ Gunnison River at Gunnison
("Forecast") that is less than 70% of average. (In the event this report and/or
index ceases to be published, the Applica\1t and the CWCB will agree upon a

.

2