Laserfiche WebLink
COLORADO WATER CONSERVATION BOARD <br />CONCERNING THE APPLICATION FOR WATER <br />RIGHTS OF THE UPPER GUNNISON RIVER <br />WATER CONSERVANCY DISTRICT <br />IN THE GUN1vISON RIVER <br />IN GUNNISON COUNCY <br />Melinda Kassen (#13112) <br />Andrew Peternell (#32455) <br />Trout Unlimited <br />196613"' Street, Suite LL60 Administrative Proceeding <br />Boulder, CO 80302 Case Number: 4-02CW038 <br />Phone: (303) 440-2937 <br />Fag: (303) 440-7933 <br />Email: mkassen@tu.org <br />dpeternell@tu.org <br />REBUITAL STATEMENT OF TROUT UNLIMITED <br />Pursuant to the June 11, 2002 Notice of Prehearing Conference and Deadlines issued by <br />the Hearing Coordinator and the Rules Concerning Recreational In-Channel Diversions ("RICD <br />Rules") 13(d), Trout Unlimited ("TU"), by and through its undersigned attorney, hereby submits <br />its Rebuttal Statement to the Colorado Water Conservation Board ("CWCB"). <br />1. REQUIREMENTS FOR AN RICD <br />Colorado Revised Statutes § 37-92-103(10.3) defines recreational in-channel diversion <br />("RICD") as "the minimum stream flow as it is diverted, captured, controlled, and placed to <br />beneficial use between specific points defined by physical control structures pursuant to an <br />application filed by a county, municipality, city and county, water district, water and sanitation <br />district, water conservation district, or water conservancy district for a reasonable recreation ? <br />experience in and on the w°ater." There is disugreeme7t amongst the parties as tc whether the <br />application filed by the Upper Gunnison River Conservancy District (the "Applicant") satisfies <br />this definition in several respects. 'I <br />A. Divert, Capture and Control <br />The CWCB staff (the "StafF') offers a number of arguments as to why the structures <br />constituting the proposed whitewater course (the "Gunnison Course") may not divert, capture <br />and control water. The Staff overlooks the fact that Colorado courts have repeatedly found that <br />structures similar to those to be employed at the Gunnison Course and designed by Gary Lacy, <br />the designer of the Gunnison Course, do control water. See, e.g., Final Decree, Application of <br />City of Golden, Water Division 1, Case No. 98CW448 (2001) (on appeal to Supreme Court); <br />Final Decree, Concerning the Application for Water Rights of the Eagle River Water and <br />Sanitation District, Water Division 5, Case No. OOCW259 (2002); Finding of Fact, Conclusions