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r ? 1 <br />DISTRICT COURT, WATER DIVISION 6 <br />COLORADO <br />522 Lincoln <br />P.O. Box 773117 <br />Steamboat Springs, CO 80487 <br />Concerning The Application For Water Rights Of: <br />CITY OF STEAMBOAT SPRINGS, <br />1N ROUTT COUNTY, COLORADO. <br /> ? COURT USE ONLY ? <br />KEN SALAZAR, Attorney General <br />Case No.: 03CW86 <br />SUSAN J. SCHNEIDER, * <br />Assistant Attorney General Div <br />: 6 <br />1525 Sherman Street, St" Floor . <br />Denver, CO 80203 <br />(303) 866-5046 <br />Registration Number: 19961 <br />*Counsel of Record <br />MOTION TO STAY PROCEEDINGS <br />The Colorado Water Conservation Board ("CWCB") and the State and <br />Division Engineers (collectively, "the State"), through undersigned counsel, hereby <br />submit this Motion to stay the proceedings in this matter and as grounds state the <br />following: <br />1. On May 26, 2004, the CWCB held a public hearing on this pending recreational <br />in-channel diversion ("RICD") water right application pursuant to section 37-92- <br />102(6)(a), C.R.S. 2003, enacted as part of Senate Bill 01-216 ("SB 216"). As a <br />result of that hearing, the CWCB issued its Findings and Recommendations, as <br />required under section 37-92-102(6)(a)-(c), recommending a denial of the <br />application.' The CWCB submitted its findings to the Water Court on June 11, <br />2004. <br />2. At the CWCB hearing, the Applicant argued that SB 216 is unconstitutional and <br />that it does not limit RICDs to a minimum stream flow. The Applicant also <br />argued that the CWCB was acting outside of its authority in considering certain <br />evidence and making certain determinations.