Laserfiche WebLink
<br />Upper Gunnison River Water Conservancy District <br />02CW038 <br /> <br />A five-day trial was held the following year, in September 2003, and the case was <br /> <br />thereafter appealed to the Supreme Court by CWCB. In its decision in Colorado Water <br /> <br />Conservation Board v. Upper Gunnison River Water Conservancy District, 109 P.3d 585 (Colo. <br /> <br />2005) ("Upper Gunnison opinion"), the Supreme Court remanded this case to the water court <br /> <br />with instructions to remand to the CWCB for factual findings on whether the application <br /> <br />comports with the five statutory factors set forth in C.R.S. ~ 37-92-102(6)(b) (I)-(V) (the "102(6) <br /> <br />factors") . <br /> <br />Briefing Schedule <br /> <br />The water court's remand order, attached hereto, directs the CWCB to make findings only <br /> <br />on the "compact impairment" and "maximum utilization" factors, inasmuch as the other three <br /> <br />factors were undisputed; to make these findings on the basis of the existing record; to consider <br /> <br />the effect of the stipulations filed in the case; and to establish a briefing schedule prior to making <br /> <br />its required findings. <br /> <br />Upper Gunnison proposes that the briefmg schedule provide for the parties' submission <br /> <br />of simultaneous briefs, with appropriate citations to the existing record, on or before a date that <br /> <br />will give the CWCB adequate time to review the briefs and issue its findings and <br /> <br />recommendation by September 14, 2005. September 14 is 90 days from the date on which the <br /> <br />water court's June 16,2005 remand order was issued and thus is the outside date by which the <br /> <br />-2- <br />