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(4) Appropriation Date October 10, 2000. <br />(5) Amounts decreed The following monthly flow rates were decreed conditional at <br />each of the structures in the Park in the quantities set forth below when flows exceed 30 cfs. <br />Mar <br />Apr <br />May <br />Jun <br />Jul <br />Aug <br />S ept <br />Oct <br />54 <br />cfs <br />227 <br />cfs <br />400 <br />cfs <br />400 <br />cfs <br />400 <br />cfs <br />218 <br />cfs <br />67 <br />cfs <br />48 <br />cfs <br />(6) Beneficial Use Recreational boating purposes. <br />6. Claim to Make Water Rights Absolute for the Town of Vail Whitewater Park. <br />All of the structures comprising the Park have been constructed, maintained and used for <br />recreational boating purposes since the original decree was entered by the Water Court. The <br />District is entitled to make absolute those flow rates that were put to beneficial use in any given <br />month at the structures within the Park.. Consistent with the terms of the original decree, the <br />following amounts are made absolute based upon use of the structures in the Park and the flows <br />at the Park since the original decree was entered. The amounts not yet made absolute are noted <br />as remaining conditional. As discussed in Paragraph 7, the District has demonstrated reasonable <br />diligence for the remaining conditional amounts not yet made absolute. <br />7. The District's Plan to AvvIv Remaining Conditional Rights to Beneficial Use. <br />Since June 2002, the District has been diligent in the continued use and development of its <br />conditional water rights. Activities include beneficial use of the amounts claimed absolute <br />herein; maintenance and improvements to the Park structures; providing a venue for the annual <br />Teva Mountain Games; and defense of the subject water rights in the appeal of the Water Court <br />decree to the Colorado Supreme Court. These actions demonstrate reasonable diligence with <br />respect to the subject conditional water rights. <br />8. Ruling of the Referee The foregoing is hereby incorporated and made a part of <br />this ruling. The Referee hereby rules that the District has satisfied all necessary legal <br />prerequisites and hereby orders that through reasonable diligence and application of its <br />conditional water rights to beneficial use, the District has made absolute the following portions <br />3 <br />Mar <br />A r <br />Ma <br />June <br />Jul <br />Au <br />S t <br />Oct <br />Total <br />0 <br />0 <br />400 <br />400 <br />400 <br />0 <br />0 <br />0 <br />absolute <br />(cfs) <br />Remaining <br />54 <br />227 <br />0 <br />0 <br />0 <br />218 <br />67 <br />48 <br />conditional <br />(cfs) <br />7. The District's Plan to AvvIv Remaining Conditional Rights to Beneficial Use. <br />Since June 2002, the District has been diligent in the continued use and development of its <br />conditional water rights. Activities include beneficial use of the amounts claimed absolute <br />herein; maintenance and improvements to the Park structures; providing a venue for the annual <br />Teva Mountain Games; and defense of the subject water rights in the appeal of the Water Court <br />decree to the Colorado Supreme Court. These actions demonstrate reasonable diligence with <br />respect to the subject conditional water rights. <br />8. Ruling of the Referee The foregoing is hereby incorporated and made a part of <br />this ruling. The Referee hereby rules that the District has satisfied all necessary legal <br />prerequisites and hereby orders that through reasonable diligence and application of its <br />conditional water rights to beneficial use, the District has made absolute the following portions <br />3 <br />