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MAY-19-04 14:23 FROM-WEISS AND VAN SCOYK 970 879 6058 <br />WEISS AND VAN SCOYIC, LLP <br />ATTO[tfYGYS AT LAW <br />FI]ZST NATiONwL DaNK IiU1LDING <br />600 S0, LTNCOLN, SUIT1:202 <br />5TL-AN1DOaT SPRINGS, COLOfU00 80387 <br />1tOCiERT G. WisISS <br />WwRD L. VAN SCOYfC <br />1ASON bL Y.qNOW[TZ <br />oF coUNsr:L <br />GARYENGLE <br />May 19, ?OQ4 <br />Mr. Jolui R. Pztcher <br />Upper Yampa Water Conservancy Districc <br />P_0. Box 880339 <br />Steamboat Springs, CD 80488 <br />Dear John: <br />T-286 P.022/033 F-562 <br />1'ELL'l'I-I0NL•; (970) 879-6053 <br />TFI.ECOPIL-R; (970) 879-e058 <br />I vano W I L7.6UWvSC,C0111 <br />In response to your quzstion, how impoztant are the "C" or "D" holes to the spon of nlbing, I am <br />providing you with llze following information that I have compiled through a search of the <br />Inlernec. <br />I need to ftrst clarify that tubing (or toobing) is noL a spon, in the L-SPN sense oF sports, but is <br />instead a mere leisure activity in the nature of having a coolcout with friends or tossing a Frisbee <br />al' the park. The Reginald Smith Toobing Foundatiou, tlze only website T found on the Internet <br />which is dedicaled to tubing or toobing ("Toobing.net"), defines toobing as "ihe act of leisurely <br />floating down a river with no time constraints or worries." Toobing.nzt gocs on to say that <br />"toobing is (1) getting togecher witll your friends and family and going to the river or creek, (2) <br />fiin for every age, (3) non-strenuous (Lmless piclcing up a 12oz cold beverage and raising zt to <br />your lips is screnuous to you,) and (4) relaxing. (See Exhibit A p.4). The dislinc[ian that tubing is <br />just a mzre leisure accivity needs to be kept in mind when determining if the C" and "D" holes <br />are important to htbing. <br />Tlie activity of tubing has no standards, rules, scoring, teams, competitions, physieal <br />requiremexlts nor does it require any specif c physical characteristics of a river other than moving <br />water. The enjoymEnt of tubing comes from its simplicity--an inner-tuUe, nioving water and a <br />group of friends. In contrast, a sport like freestyle kayalcing, which consists o!' athlc:tes <br />showcasing their skills for doing trieks in a strong hole, requires special physical charactei•istics <br />oF the river, SLLCil as holes and waves, there are competitions, niles And scoring criteria. (See <br />Lxhibit B p.l). Whereas the sport of freestyle kayaking could not exisl wilhout a hole or wave <br />(eitlier natural or man-mad.e) in which the participants can practice their moves or be judged <br />during a coinpetition, tubing can exist anyvuherc one rinds moving water. <br />A search on the Internet using "river" and "tubing" or "toobing" comes up with two typzs of <br />results: (1) commercial outritters wlzo rent l'ubes, or (2) testimonials--descriptions of peoples <br />"float" down lhe river. (See Exhibil C for a general List of linlcs to coinmercial we6sites and <br />brief q«otes from tliese sites). The descriptions from both the commercial outfitters, tourist <br />guides and testimonials genzrally describe tubing as a rzlaxing way to cool off with Family ancl <br />friends on a hot summer day as shown by the following quotes: