JUDICIAL DEVELOPMENTS

May 2005

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Colorado Supreme Court Reviews First ‘Recreational In-Channel Diversion’ Case under New Legislation
Colorado Water Conservation Board v. Upper Gunnison River Water Conservancy District, ___P.3d___

In a case decided March 14, 2005, the Colorado Supreme Court had the opportunity to review and apply Colorado legislation passed in 2001 to the facts of a “recreational inchannel diversion” (RICD) water right obtained by the Upper Gunnison River Water Conservancy District. The district sought and was granted this water right in December of 2003 by Water Court for Water Division No. 4, for an in-channel whitewater course for kayaking, rafting and canoeing on the Gunnison River just downstream from the City of Gunnison. The Colorado Water Conservation Board (CWCB) and the State and Division No.