BOARD00200

• Board Meeting Date: 7/23/2002
• Description: ISF Section - Case No. 4-02CW038, Upper Gunnison River Water Conservancy District
• Board Meetings - Doc Type: Memo

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Consent Agenda Item 1 b
Case No. 4-02CW038; Upper Gunnison River Water Conservancy District

Application Summary

This is an application for a recreational in-channel diversion near Gunnison (see attached map).

CWCB Appropriations

N/A.

Potential for Iniury

The Applicant is seeking an in-channel diversion for boating and general recreational uses,
Pursuant to Section 37-92-102 (3), C.R.S. (1990), "the Colorado water conservation board is hereby
vested with the exclusive authority.,. to appropriate., ,such waters of natural streams and lakes as
the board determines may be required for minimum stream flows or for natural surface water levels
or volumes for natural lakes to preserve the environment to a reasonable degree.., no other person or
entity [other than the Board] shall be granted a decree adjudicating a right to water or interests in
water for instream flows in a stream channel between specific points, .." for any purpose
whatsoever." Some ofthe Applicant's proposed uses may violate this statutory language,
Pursuant to Sections 37-92-102(5) & (6), the Board is required to consider certain factors and
make findings thereon. The Board must make these findings to comply with Sections 37-92-
102(5) & (6).

Other Obiectors

The other objectors in this case are: the Uncompahgre Valley Water Users Association; the
Natural Energy Resources Company; Virgil and Lee Spann Ranches; Trout Unlimited; the City of
Gunnison; the Colorado River Water Conservation District; and Gerald Bullock along with 21
other prose joint participants. '

L:\Section Folders\SECC\Case Files\2002\402CW38 _ mem.doc