Laserfiche WebLink
'*r• <br /> <br />2. Lack of access is further demonstrated by the fact that the lease relied on by the <br />City gives them only the right to access the property to improve and maintain <br />Steamboat Spring, not to construct a play wave for kayaking purposes. Union <br />Pacific could rightfully determine that the construction of the C Hole constitutes a <br />breach of the contract and terminate said contract. Union Pacific would then have <br />the right to remove the Structure or order the City to remove the Structure. The <br />removal of one side of the C Hole will significantly impact the ability of the C <br />Hole to divert, capture and control the Yampa River in the requested amounts to <br />provided a recreational experience for the applied for recreational uses. Proof of <br />ownership is an essential element in securing a conditional water right. C.R.S. <br />Section 37-92-305 (9)(b), 2003, FWS Land and Cattle Co. v. State Div. of <br />Wildlife, 795 P.2d 837 (Colo. 1990). Therefore, access is not appropriate and it is <br />questionable whether access "can and will" be acquired by the City. <br />Respectfully submitted this 19`h day of May, 2004. <br />B <br />Y• <br />MARGAijr O'DONNELL, #21145 <br />Attorney for Morrison Creek <br />Metropolitan Water and <br />Sanitation District <br />-2-