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Motion for Leave to File Brief as Amici Curiae
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Motion for Leave to File Brief as Amici Curiae
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Last modified
1/26/2010 4:41:40 PM
Creation date
7/29/2009 2:29:53 PM
Metadata
Fields
Template:
Water Supply Protection
File Number
8230.2F
Description
Colorado Supreme Court Appeal
State
CO
Basin
Colorado Mainstem
Water Division
4
Date
9/29/2004
Author
Glenn E. Porzak, Anne J. Castle
Title
Motion for Leave to File Brief as Amici Curiae
Water Supply Pro - Doc Type
Court Documents
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? <br />RICD water right. <br />c. The Citv of Golden is a statutory city located on Clear Creek just west of Denver. As <br />part of a plan to promote economic development within the city, it built a whitewater boating <br />course in Clear Creek as it passes through the downtown area. Golden filed an application with <br />the Division No. 1 Water Court to claim an appropriation of water for this use. The Water Court <br />decreed that water right for the full amount claimed. That decree was affirmed by this Court. <br />State Engineer v. City of Golden, 69 P.3d 1027 (Colo. 2003). <br />The City of Golden's whitewater boating course has attracted users from around the <br />country, drawn by the unique challenges it presents and the setting in which it is placed. It has <br />already proven to be an important economic driver for Golden's economy. Golden is thus <br />directly concerned about matters presented in this case that might affect the right to use water for <br />recreation purposes. <br />d. Town of Vail is a western slope community in Eagle County, which depends upon <br />recreation for its economic base. Vail has constructed a whitewater boating course at <br />considerable cost to its citizens and, through the Eagle River Water & Sanitation District, has <br />obtained water rights to protect its investment in that course. The water rights for this course <br />were decreed for the full amount claimed by the Water Court for Division No. 5, and the decree <br />in that matter was subsequently affirmed by the Supreme Court. State Engineer v. Eagle River <br />Water & Sanitation Dist., 69 P.3d 1028 (Colo. 2003). The use of the Vail whitewater course <br />now represents an important dimension of the town's economy. For these reasons, the Town of <br />Vail is very concerned about any precedent that might be set in the instant action that would <br />affect the right to use water for recreational purposes in Colorado. <br />Tm 1639 -5-
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