The Colorado Water Conservation Board and the developers of a Gunnison kayak course have reached an agreement over how much water the white-water park can divert from the Gunnison River.
The settlement ends a battle over how much water should be used for recreation and how much should be reserved for development.
The park’s developer, the Upper Gunnison River Water Conservancy District, has agreed to reduce its request.
Originally, the district had asked for flows that ranged from 270 cubic feet per second to 1,500 cubic feet per second.
Under the settlement, the district has agreed to divert flows between 270 and 1,200 cubic feet per second.
State water planners initially recommended a flat 250-cubic- feet-per-second decree.
“The district feels that they will still be able to achieve their goals with these flows,” said Cynthia Covell, a Denver lawyer representing the district.
In 2003, a water court decreed a recreational-in-channel diversion water right the district had requested for the park.
The Colorado Water Conservation Board, which is charged with maximizing the state’s water resources, appealed the decision to the Colorado Supreme Court.
The state Supreme Court ruled in March that the board had exceeded its authority in trying to limit water for the kayak course and remanded the case back to water court.
In addition to reducing the diverted flows, the district also agreed not to call for the recreational-in-channel diversion when the Gunnison Tunnel and Redlands Canal calls for its water rights.
The Colorado Water Conservation Board was set to consider the matter in January, but state officials say the settlement resolves most of the outstanding issues.
“The reduced flow rates and restrictions on calls allow the Colorado Water Conservation Board to support this win-win solution for recreational users,” said Rod Kuharich, the board’s director.
At least 15 Colorado communities have built white-water parks since the early 1990s.
While some say the courses waste water that might otherwise be stored in a reservoir, park supporters say the white- water courses provide revenue boosts to local communities.
Staff writer Kim McGuire can be reached at 303-820-1240 or kmcguire@denverpost.com.
