Laserfiche WebLink
Town of Silverthome <br />Case No. 04CW217 <br />Page 7 <br />project can and will be completed with diligence and within a reasonabie time. C.R.S. §37-92- <br />305(9)(b). 23. Silverthorne Entitled to Decree. Subject to the terms and conditions herein, <br />Silverthorne is entitled to a decree confirming conditional water rights for recreational in- <br />channel boating uses at the proposed in-channel physical control structures and devices in the <br />amounts cIaimed during the claimed time periods with an appropriation date of December 31, <br />2004. <br />24. CWCB Recommendation Consic3ered. The Court has duly considered the <br />, 2005 recommendation of the Colorado Water Conservation Board to this <br />Court. Colorado Waier Conservation Board v Upper Gunnison River Water Conservancy <br />Dist., 109 P.3d 585 (Colo. 2005). <br />RULING <br />25.. The foregoing Findings of Fact and ConcIusions of Law are incorporated into <br />this Ruling and Decree by this reference. . <br />26. The Court hereby grants the Application for cflnditional water zights for <br />reereational in-channel boating uses at the in-channel physical control structures and devices <br />described herein in the claimed amounts during the claimed time periods with an <br />appropriation date of December 31; 2004. <br />27. Silverthome shall provide such accounting for the water rights adjudicated herein <br />as is reasonably requested by the Division Engineer. 28. Silverthome sha11 install adequate measuring devices as may reasonably be <br />required by the Division Engineer. <br />29. The water rights and priority granted herein are based on the appropriation date <br />contained herein and on the filing ofthe application in this case in the Water Court in the year <br />of 2004. Said water rights and priority shall be administered as having been filed in 2004, and <br />shall be junior to all water rights granted pursuant to applications filed in previous years. As <br />between all water rights applied for in the same calendax year, priorities shall be detenmined by <br />historical dates of appropriation and shall not be a$'ected by the date of application or the date <br />of entry of ruling. <br />30. The conditional water rights for the Town of Silverthorne's.Blue River <br />Whitewater Course are hereby continued in full force and effect until the last day of <br />, 2011. To maintain such conditional water rights, an application for a finding of <br />reasonable diligence shall be filed on or before the last day , 2011 or a showing <br />made on or before such date that such conditional rights have become absolute water rights by <br />reason of the completian of the appropriation.