Colorado Water Conservation Board v. Upper Gunnison River Water Conservancy District

RICE, Justice.

Appellants the Colorado Water Conservation Board (CWCB or “the Board”) and the State and Division No. 4 Engineers appeal the water court’s order and decree granting a recreational in-channel diversion (RICD) conditional water right to Applicant Upper Gunnison River Water Conservancy District. We reverse. ■

Upon review, we hold that both the CWCB and the water court erred. In Senate Bill 01-216 (SB 216 or “the bill”), Ch. 305, 2001 Colo. Sess. Laws 1187 (codified at §§ 37-92-102(5), (6), 37-92-103(4), (7), (10.3), 37-92-305(13)-(16), C.R.S. (2004)), the General Assembly…