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sentence at the bottom of page 8 and continuing onto page 9 of the decision states: "For example, <br /> after Fort Collins, the communities of Breckenridge and Golden filed applications seeking <br /> decrees for in- channel flow rights to operate whitewater kayak courses." <br /> Petitioners respectfully request that the quoted sentence be changed to add the community <br /> of Vail. The requested change will reflect that the Town of Vail, acting through and in <br /> cooperation with the Eagle River Water & Sanitation District, filed an application in the District <br /> Court for Water Division No. 5 in Case No. 00CW259 to secure water rights for its boating park <br /> on Gore Creek. That application was filed in December of 2000, before Senate Bill 01 -216. The <br /> appeal in the Vail matter to the Supreme Court was informally consolidated with the <br /> Breckenridge matter for argument and decision. State Eng'r v. Eagle River Water & Sanitation <br /> Dist., 69 P.3d 1028, 1029 (Colo. 2003). With this suggested addition, the sentence at issue <br /> would read: <br /> For example, after Fort Collins, the communities of Breckenridge, <br /> Vail (through the Eagle River Water & Sanitation District), and <br /> Golden filed applications seeking decrees for in- channel flow <br /> rights to operate whitewater kayak courses. <br /> The simple change requested by this petition will more accurately reflect the legal and <br /> procedural history on the recreation water rights issue. <br /> 44,.. <br /> Respectfully submitted this OP day of March, 2005. <br /> PORZ A , : ROWNING & BU ONG LLP <br /> O P- s -01V. I _ <br /> Glenn E. 'r za 4r . 93) <br /> P. Fritz Holle 21888) <br /> Attorneys fo ' Amicus Curiae, Eagle River Water and <br /> Sanitation District and the Town of Vail <br /> Tm1972 <br />