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<br />stability downstream of the reservoir, Some of the field work for the study has been conducted and
<br />preliminary analysis of the field data is underway, That study will be complete in the fall of2002,
<br />
<br />The second study is a design for a demonstration river rehabilitation construction project on the North Fork
<br />between Paonia and Hotchkiss, Topographic information for the design has been gathered and design is
<br />underway. The design will be finished between the spring and early summer of2002,
<br />
<br />Gunnison RICO: The Upper Gunnison Water Conservancy District has delayed filing for an application for
<br />Recreational In Channel Diversions ("RICDs"), At the District's Dec. 13,2001 meeting the District opted to
<br />not file an application in December for RICDs,
<br />
<br />Rafting Decision: On Dec, 5,2001, a Colorado district court judge ruled that a 1977 state law does not
<br />exempt rafters from civil liability if they pass through private property even though they do not touch the
<br />riverbed,
<br />
<br />Under the Equal Footing Doctrine, right, title and interests in the bed and banks of navigable rivers generally
<br />passed to the states upon admittance to the Union, However, Colorado has not yet determined which waters
<br />ofthe state are navigable, thus opening them to use by rafters and others.
<br />
<br />Owners of Gateway and Timber Bridge ranches in southwestern Colorado are trying to stop rafters from
<br />floating down the Lake Fork of the Gunnison River as it passes through their property,
<br />
<br />Cannibal Outdoors Network Inc" of Lake City, Colorado, routinely floats this section of the river. Co,owner
<br />Jack Nichols claims that the impact is insignificant. He says that the company runs only about 80 boats past
<br />the property per year, each trip through the property taking only about 10 minutes, However, the property
<br />owners claim that the rafters have no right to be on the waters that pass through their property,
<br />
<br />Voicing the purpose of the litigation, John Hill, Attorney for the property owners commented, "I can walk
<br />through your back yard and not affect it, but would you like that?" He added, ''It is clearly trespass if you
<br />have to get out of the boat. At certain times ofthe year you cannot float without getting out ofthe boat."
<br />
<br />Over the last two years, landowners and rafters, including the plaintiff and defendant in this case, have
<br />participated in a River Recreation Forum sponsored by the Department of Natural Resources, seeking ways
<br />to accommodate river use by both, For information call DNR Deputy Director Ron Cattany at (303) 866-
<br />3311.
<br />
<br />Platte River Basin Issues
<br />
<br />Water Right Donation: The City of Fort Collins recently conveyed several senior water rights to the Board
<br />via a Quit Claim Deed. The water rights, which total5,95,cfs, were decreed for irrigation use on the
<br />Rockwell Ranch and carry a 1888 priority date. The City conveyed these rights to the Board to facilitate a
<br />land exchange with the Forest Service in the South Fork Cache la Poudre drainage, The Board already holds
<br />instream flow water rights on the South Fork and mainstem Cache la Poudre Rivers, and these donated rights
<br />could be used to improve the priority of the Board's rights, (The Board's rights carry 1978 and 1985 priority
<br />dates, respectively.) Staff will evaluate these donated rights, determine how the rights should be combined
<br />with the existing instream flow water rights, and present this proposed acquisition to the Board for formal
<br />action at a future meeting,
<br />
<br />Oral Argument Set in TV Bypass Flow Case: The oral argument on the Motion for Summary Judgment
<br />filed by the plaintiffs in Case No, 96,WY-2686,WD, Trout Unlimited v, U,S, Dept. of Agriculture et a!., has
<br />been scheduled for April 4 at 1 :30 p.m, in Casper, Wyoming.
<br />
<br />Cherry Creek Reservoir Probable Maximum Participation Study: Applied Weather Associates has
<br />released Interim Report # I, Weare waiting for comments from our Technical Review Panel (TRP) that will
<br />be reconciled with the report at the next meeting on Jan. 29, A W A will present interim report #2 in March, a
<br />draft final report in April and a final report in May, The PMP Study is slated for completion in May 2002,
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