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3. Objectors A timely Statement of Opposition was filed in this matter by the <br />Colorado Water Conservation Board ("CWCB'). The time for filing additional statements of <br />opposition has expired. <br />4. Stipulation The CWCB stipulated to the entry of a proposed decree with the District <br />on _, 2009. The CWCB has consented to entry of this Decree. The Court hereby approves <br />of the foregoing stipulation. <br />5. Summary of Application The Court granted absolute and conditional water <br />rights to the District in Water Court Case No. OOCW259. By the subject Application, the District <br />seeks to make absolute a portion of the water rights decreed in Case No. OOCW259, and a <br />finding of reasonable diligence on all other water rights decreed therein. The subject water rights <br />are described as follows: <br />A. Name of Structures The Town of Vail Whitewater Park (the "Park'). <br />B. Description of Decreed Conditional Water Rights <br />(1) Date of Original Decree June 5, 2002, OOCW259, District Court, Water Division <br />5. <br />(2) Legal Description of Structures The Park is located within the channel of Gore <br />Creek in the NW 1 /4 NW 1 /4 of Section 8, T. 5 S., R. 80 W. of the 6th P.M., Eagle <br />County, Colorado. The locations of the 3 structures comprising the Park are as <br />follows: <br />i. Structure 1 . A rock structure located within the channel of Gore Creek at a <br />point which bears S. 55 °5449" E., a distance of approximately 1248 feet from <br />the NW corner of Section 8, T. 5 S., R. 80 W., 6th P.M. The structure is 680 <br />feet from the north Section line and 1030 feet from the west Section line. <br />ii. Structure 2 . A rock structure located within the channel of Gore Creek at a <br />point which bears S. 51 ° 15' 12" E., a distance of approximately 1190 feet from <br />the NW corner of Section 8, T. 5 S., R. 80 W., 6th P.M. The structure is 725 <br />feet from the north Section line and 935 feet from the west Section line. <br />iii. Structure 3 . A rock structure located within the channel of Gore Creek at a <br />point which bears S. 45 °20'44" E., a distance of approximately 1128 feet from <br />the NW corner of Section 8, T. 5 S., R. 80 W., 6th P.M. The structure is 775 <br />feet from the north Section line and 805 feet from the west Section line. <br />(3) Source The source for the water claimed is Gore Creek, a tributary of the Eagle <br />River. <br />2%47 2 <br />