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<br />The Steamboat Pilot: Lawyer: 'Boat reigned <br /> <br />" i~, ".J' { <br />v l!i ,;;. v.. t <br /> <br /> <br />Weather <br /> <br />430 Partly <br />Cloudy <br /> <br />Current conditions <br />7 day forecast <br /> <br /> <br />Community <br />Calendar <br />Reader Forum <br />Groups & Clubs <br />Find a new home <br />Sections <br /> <br />1><1 <br /> <br />Front page <br />Classifieds <br />Service Directory <br />Public Notices <br />News <br />Sports <br />Obituaries <br />Births <br />Viewpoints <br />Dining Guide <br />Style <br />Outdoors <br />The Record <br />Business <br />Real Estate News <br />Featured Properties <br />Four Points <br />South Routt <br />West Routt <br />Education <br />Women of Northwest <br />Colorado <br />Weddings <br />Engagements <br /> <br />Page 1 of3 <br /> <br /> <br />Real Estate I Reader Forum I Classifieds I Contact <br /> <br />Lawyer: 'Boat reigned <br /> <br />advertisement <br /> <br />Water attorney says city prevailed at <br />RICD hearing <br /> <br /> <br />By Dana Stronain <br />FRIDAY, SEPTEMBER 23, 2005 <br /> <br />STEAMBOAT SPRINGS' WATER ATTORNEY <br />SAYS it was the city that prevailed during a <br />hearing with the Colorado Water Conservation <br />Board on Tuesday, despite comments <br />otherwise from a water board staff member. <br /> <br />vuit <br />steamhoatseafood.con <br />for more informat~n <br /> <br /> <br />Tuesday's hearing came nearly two years after <br />the city's December 2003 filing for a <br />recreational water right on kayaking holes C <br />and D in the town stretch of the Yampa River. <br />A recreational water right ensures a minimum <br />stream flow for activities such as tubing and <br />kayaking. <br /> <br />The water board and the city are set to oppose <br />each other over the city's recreational water <br />right application during a weeklong trial <br />scheduled to begin Oct. 17 in District Water <br />Court. <br /> <br />New Lunchl\fenuT <br /> <br /> <br />To qualify for the water right, the city must <br />meet a requirement called "reach," which <br />means that specific recreational uses take place on the section of the river for <br />which the right is requested. <br /> <br />The water board has said kayaking holes C and D, called the boating park, were <br />located near a floodplain, said Glenn Porzak, the city's water attorney. During <br />Tuesday's hearing, however, water board members said the floodplain was no <br />longer an issue, Porzak said. <br /> <br />Water board staff member Ted Kowalski has said the city does not meet the <br />reach requirement because people put in their rafts and tubes upstream. <br />Porzak said the upper portion of the river is closed to commercial tubing to <br />avoid conflicts with anglers. <br /> <br />The city plans to file a motion with the District Water Court that the water <br />board no longer can argue the reach issue, Porzak said. <br /> <br />The city also must meet a requirement called "maximum utilization," which <br />means that water, as a resource, would be put to its best use. <br /> <br />In the past, Porzak said, water board officials said the existence of the <br />recreational water right would adversely affect upstream users. On Tuesday, <br />however, water board officials changed the language of that statement to show <br />that it only potentially could affect a user, Porzak said. <br /> <br />The water board recently filed a motion to learn more about the city's research. <br />Porzak said the city has shared all raw data and results as requested by the <br />water board. <br /> <br />http://www.steamboatpilot.com/sectionlfrontpage _lead! story /32750 <br /> <br />Istory see <br />MQr~ see <br /> <br />- <br /> <br /> <br />Q.rdecj'l..tr< <br /> <br /> <br />. <br />. <br /> <br />.'~r <br />.' <br /> <br /> <br />D <br /> <br /> <br />9/23/2005 <br />