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STATE OF COLORADO <br />Colorado Water Conservation Board <br />Department of Natural Resources <br />1313 Sherman Street, Room 721 <br />Denver, Colorado 80203 <br />Phone: (303) 866 -3441 <br />FAX: (303) 866 -4474 <br />www.cwcb.state.co.us <br />MEMORANDUM <br />Bill Owens <br />Governor <br />To: Colorado Water Conservation Board Members <br />Greg E. Walcher <br />Executive Director <br />From: Rod Kuharich, Randy Seaholm, Dan Merriman, Ted Kowalski <br />Rod xuharich <br />CWCB Director <br />Date: September 3, 2002 <br />Dan McAuliffe <br />Deputy Director <br />Re: The Upper Gunnison River Water Conservancy District's Recreational In- <br />Channel Diversion Application, Case No. 4- 02CW38 <br />Background <br />In March 2002, the Upper Gunnison River Water Conservancy District ( "UGRWCD" <br />or "Applicant ") filed for a Recreational In- Channel Diversion water right on the <br />Gunnison River ( "the RICD "). Pursuant to section 37 -92- 102(5) & (6), C.R.S. (2001), <br />the Colorado Water Conservation Board ( "CWCB ") is required to submit <br />recommendations and findings to the Water Court within 90 days of the closing date for <br />filing statements of opposition. In July 2002, the Water Court granted the Board an <br />extension of time, until October 11, 2002, to file its recommendation and findings to the <br />Water Court. On May 20, 2002, the Applicant requested a hearing before the Board, and <br />the CWCB is scheduled to hold a hearing, pursuant to the CWCB's Rules Concerning <br />Recreational In- Channel Diversions, 2 CCR 408 -3 (2001) ( "RICD Rules "), and section <br />37 -92- 102(5) & (6), on September 10, 2002 in Gunnison. <br />Pursuant to Rule 11 of the RICD Rules, the Staff of the CWCB ("Staff') must submit <br />a written report and recommendation to the Board. The Staff hereby submits this <br />document as its written report and recommendation to the CWCB concerning the RICD. <br />This report and recommendation only reflects the information provided to date, and to the <br />extent the Staff receives new or different information at the hearing, the Staff reserves the <br />right to alter its recommendations. The Staff adopts its Prehearing Statement and <br />incorporates it by reference into this report and recommendation. Nothing herein shall <br />preclude the Staff from making any arguments it deems appropriate before the water <br />court. The Staff's report and recommendation is also reflected in the attached Draft <br />Order of the Colorado Water Conservation Board. <br />