BOARD00792

• Board Meeting Date: 9/10/2002
• Description: WSP Section - City of Gunnison Recreational In-Channel Diversion Application Hearing, Case Number 4-02CW038
• Board Meetings - Doc Type: Other

~

,

DRAFT

DISTRICT COURT
WATER DIVISION NO.4, COLORADO
COurt Address:
1200 Nortb Grand A venue, Bin A
Montrose, CO 81401-3146
[phone]
CONCERNING THE APPLICATION FOR WATER
RIGHTS OF:
COURT USE ONLY
UPPER GUNNISON RIVER WATER
CONSERVANCY DISTRICT, Case Number: 02CW38
IN GUNNISON COUNTY, COLORADO Div.: Ctrm.:
KEN SALAZAR, Attorney General
SUSAN SCHNEIDER,
Assistant Attorney General*
1525 SheITIlan Street, 5th Floor
Denver, CO 80203
[phone]
Fax: [phone]
susan.schneider<alstate.co. us
Registration Number: 19961
*CounselofRecord
DRAFT FINDINGS AND RECOMMENDATIONS OF THE COLORADO WATER
CONSERVATION BOARD TO THE WATER COURT

In March 2002, the Upper Gunnison River Water Conservancy District ("UGRWCD"
or "Applicant") filed an application for a Recreational In-Channel Diversion water right
for its proposed recreational boating course in Case No. 02CW38 "the CD .
Pursuant to section 37-92-102(5) & (6), C.R.S. (2001), the Colorado Water Conservation
Board ("CWCB" or "Board") must submit findings and recommendations to the Water
Court within 90 days after the closing date for filing statements of opposition. In July
2002, the Water Court granted the Board an extension oftime until October 11, 2002 to
submit its findings and recommendations to the Water Court.

The Applicant requested a hearing before the Board as provided in sections 37-92-
102(6)(a), C.R.S. (2001). The CWCB held a hearing in Gunnison on September 10,
2002, pursuant to the CWCB's Rules Concerning Recreational In-Channel Diversions, 2
CCR 408-3 (2001) ("RlCD Rules"), and section 37-92-102(5) & (6), C.R.S. (2001). The
CWCB heard comments and oral testimony from party witnesses and representativ~~I1~
interested citizens, and the Applicant. Also, the Board accepted and reviewed ~
.efpagas efwritten testimony and exhibits.