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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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a <br />e. Towri of Breckenridge is a western slope community in Summit County, likewise with <br />a recreation-based economy. Breckenridge also constructed a whitewater boatin?; facility at <br />considerable public cost to diversify the recreational opportunities available after the winter ski <br />season. Breckenridge has appropriated water for its whitewater park, and obtained a decree from <br />the Water Court for Division No. 5 for its rights. That decree was also affirmed 13y operation of <br />law by this Coiirt. Id., 69 P.3d 102$ (Colo. 2003). Like the boating courses nn Steamboat, <br />Golden, and V<<il, the course in Breckenridge has already proven to be a tremendous success, and <br />is an important amenity for the community. For these reasons, Breckenridge is very directly <br />concerned aboiit any precedent that might be set in the instant action, in particular the right to <br />use water for re:creation purposes in Colorado. <br />f. Vail Resorts. Inc., the owner and operator of the Beaver Creek, Breckenridge, <br />Keystone and `Jail Ski Resorts in Summit and Eagle Counties, is the Iazgest ski company in the <br />United States, i,-mploying over 12,000 people. The company uses water for snoNvmaking, golf <br />course irrigation and other recreation purposes. Vail Resorts provides a significant component <br />of the recreaticm economy on Colorado's western slope and is keenly interested in any precedent <br />that might be established in this case with respect to the right to appropriate water for recreation <br />purposes. <br />g. Eagle River Water & Sanitation District is a special district that provides municipal <br />golf course irri.gation and snowmaking water to the Town of Vail and. its munici.pal golf course <br />and the Vail S:ki Resort, and sewer service to over 50,000 people in the Vail Va:lley and Upper <br />Eagle River b<<sin. These customers are heavily dependent on a recreation econ.omy. In <br />addition, the F:ag1e River Water & Sanitation District obtained the recreation water right for the <br />Tm1639 -6-
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