4-92CW107 Decree ‎(2)‎

• Case Number: 92CW0107
• Stream Name: Gunnison River
• Watershed: Gunnison River
• Water Division: 4
• Water District: 62
• County: Delta
• Instream Flow Acq - Doc Type: Final Decree/Stipulations

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C. Diliaence. The District Court in Water Division 4 has
entered rulings finding diligence in the development of the
donated water right and others in case W-64(70), W-64(72),
W-64(76), 80CW368, and 85CW98. The last findings of diligence
were entered on August 30, 1991, in District Court for Water
Division 4 in case numbers 89CW79 and 89CW80, after the donated
water right was bifurcated and conveyed to TNC. CWCB has main-
tained diligence on the donated water right from the time of the
last diligence decree to the date of this decree, by taking the
actions described in paragraph 3 D. to make the right absolute
and by pursuing the change of the donated conditional water right
to an absolute right for instream flow purposes.

D. Statements of Occosition. Timely statements of
opposition were filed by Tri-State Generation and Transmission
Association Inc. (stipulation and consent to decree entered
September 14, 1994), City of Thornton (withdrawn May 2, 1994),
Southeastern Colorado Water Conservancy District (withdrawn May
4, 1994), Crystal Creek Homeowners Association, Twin Lakes
Reservoir and Canal Company (withdrawn May 10, 1994), City of
Colorado Springs, (withdrawn May 6, 1994) Board of County Commis-
sioners for Arapahoe County, Colorado River Water Conservation
District, Upper Gunnison River Water Conservancy District and
City of Gunnison.

3. The Nature of the Chanae. CWCB seeks to change the donated
water right to an absolute decree for instream flow purposes to
preserve the natural environment to a reasonable degree. CWCB is
authorized to own water rights for instream flow or other instre-
am purposes in order to preserve the natural environment to a
reasonable degree pursuant to ~~ 37-92-102(3), 37-92-103(3), (4)
and (10), C.R.S. (1990) (hereinafter referred to as "instream
purposes") .

A. Location: The following is a legal description of the
stream segment throughout which the instream flow use of this
water is claimed:

The upstream terminus is the natural stream
channel of the Gunnison River beginning at the
USGS gauge number 09128000 which is located
immediately downstream of the Gunnison Tunnel
Diversion Dam in sec. 10, T49N, R7W, N.M. P.M.
in Montrose County. The downstream terminus is
the confluence of the Gunnison River and the
North Fork of the Gunnison River located in sec.
6, T15S, R93W, 6th P.M., in Delta County. This
segment, which is approximately 28.9 miles in
length, can be located on the Lazear, Black

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