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MAY-19-04 14;23 FROM-WEISS AND UAN SCOYK
<br />? May 19, 2004
<br />Page 2
<br />970 879 6058 T-286 P.023/033 F-562
<br />"TuUing on the Yan.ipa River in Stzamboat Springs is an exciting, f«n, relaxing, affordable way
<br />to spend a couple hours in the stuzzmer time wich familv ancl Friends."
<br />lltln-://www.moviiiKmoLintains.colii/xtitbin!zl<ayak,x.hinil
<br />?
<br />"TuUing and rafting are two great ways For families to cool off and view the lacal scenery."
<br />hLtp://www.steai-nbo,,Lt-chal-nber.coiiiliiiediaJf,qrnily.html
<br />"A buclcet wedged into its own tube accompanies you down--filled with wlzatevzr you have
<br />chosen for refreshment! Nothing like the refreshing craclc of an ice eold beer!"
<br />http://www.rolliiiiziiirancli.co.zo/canoeing-tiibing.r)h-p
<br />"Toobing is an adventure, 3ust aslc anybody who has gone. Toobing on the river is the best spon
<br />wE've found_ Inner-tubes, water, coolers, ice chests, friends, Family, drinks, wacerproofing, blgs
<br />of ice, outfittErs and minor rapids is whac it's all about." http_//www.extremetoobing.com
<br />Whi1e 99°/a of the commercial tubing websites descrive the tubing experience as "lazy,"
<br />"leisurely," and "gentle," (See ExhiUit C pages 2-11) a few websites, none of which re£erence
<br />Steamboat Springs, did mention minor rapids or wliile watzr rapids. Wherc clie sites described
<br />bigger rapids it was usually to indicate a separate tour wliicli was guided, used special lubes and
<br />required a Iife jacket and helmet (see Exhivil D) or to serve as a warning to tubers, such as, "use
<br />cight side of falls only as the middle of thesc Palls has a hydraulic whieh will pull you under due
<br />eo water pressure's and should nor be attetnpted under any circumstaizces." (Sce Exhibit E).
<br />None of the wcbsites 1 found mention the "rapids" or "white water" as special physical
<br />characteristics built into the river to divert, capture or control the watEr and therefore, we must
<br />assume, ehese "rapids" are just rocks or other physical obstructions in the river. Funher., none oF
<br />tlie Steamboat websites makes any mention of "rapids" nor do they rcfer to the "C" or "D" hole.
<br />In face, 1 reecived ia.o "hits" on the Internet using searcll terms "Steamboat" or "Yampa" and
<br />"tubing" or "holes" or" WateT SirllCl'LiieS" except for a Steamboat Pilot ariicle describing the
<br />City's RICD fili»g. (See hitp://www.stLamboatoilot.com/sectioii/news/storyRL/21144). Lastly,
<br />the Yarnpa River Management Plwi makes no mention of the impact of the "C" or "D" hole on
<br />tubing, and in fact, never mentions the "C" hole except to state that it is "a prirrce kavrrking play
<br />nren nncl swimming hole when water levels are low en.ough," (See Yampa River Management
<br />Plan III-7, Emphasis added).
<br />1 rom the ahove research, I must conclude that the reason why the "C" and "D" holes, or rapids
<br />in general, are not rra.entioned in the Steamboac Springs Chamber Resort's website or any of the
<br />websices thac advertise tube rentals in Steainboat (Sce Exllibits I', G, and H) or the Yampa River
<br />Management plan is Uecause they are irrelevant to the tuUing experience. The enjoyment of
<br />LtLbing revolves around hanging out with your friends, having a few Ueers antl walching the
<br />scenery as you spend a few hours floating down the lazy river and not, lilce lcayaking or
<br />whitewatEr rafting, hitting rapids. Although some people may enjoy the short thri{1 of hitting the
<br />"C" and "D" holes, the tubers who hring along coolers, drinlcs, radias, and packs (see Exhibit I
<br />phoios #7, 8, 9, 10, 11, 12, 19, 20, 21, 22, 23, 24 and 35 and Exhibit J#7 (how do you take an ice
<br />chest tubing,)) or the people who smokz while tubing (see Lxhibit I phota #23 and Exhibit 7#1.3
<br />(wlzat do 1 do if I smokc and my lighter gcts wet,) or the I'rimitics with sinall children (Exhihit I
<br />photos 1# 2,3 and 5) wilI probably try lo avoid these structures (if they are even aware they exist)
<br />in order to preveni their tubes from becaming overturned.
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