Findings of Fact, Conclusions of Law, Ruling of the Referee and Decree of the Water Court

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Case No. 94CW273 City of Littleton and South Suburban Park and Recreation District A. As to Boat Chute Nos. 4 and 9. Formation of intent to appropriate, together with overt acts to further complete appropriation. In conjunction with working with the U.S. Army Corps of Engineers on flood control measures for the South Platte River below Chatfield Reservoir, applicants participated with the Colorado Water Conservation Board as sponsors to plan, develop and finance recreational facilities, including fish habitat and passageways ( "boat chutes ") for watercraft to navigate the South Platte River. Some of the boat chutes were in place on the date of initiation of appropriation, others. were in the planning phase. Littleton submitted a proposal to the Metropolitan Water Providers for off -site mitigation projects for the Two Forks Reservoir project, which included the installation of boat chutes in the South Platte River below Chatfield Dam. Preliminary design, site location and cost estimates were prepared. B. As to Boat Chute No. 10. Consultations with the Urban Drainage District and Ken Caryl Water and Sanitation District as to construction, financing, planning and design of the boat chute. Investigation of boat chute site by Littleton staff, engineer, and legal .counsel. Retaining of attorney and consultations with attorney as to appropriation of the water and the filing of the necessary application. Arranging to obtain legal description of site. Adoption by the Littleton City is Council at a meeting open to the public of a resolution expressing its intent to appropriate 100 c.fs. of water for purposes of operation of the boat chute. Publication of such resolution. Development of information needed to make application for water right. Posting of signage at the location of the proposed boat chute and elsewhere within the park of the intent of Littleton to appropriate 100 c.f.s. for the purpose of operating the boat chute. 10. Amounts of water: A. As to Boat Chute Nos. 4 and 9. The amount of water decreed to each boat chute, 100 c.f.s. ABSOLUTE for recreation (boat chute operation); 70 c.f.s. ABSOLUTE from April 1 through and until October 31 of each year, and 30 c.f.s. ABSOLUTE from November 1 through and until March 31 of each year, for recreation (development and enhancement of a fishery habitat). The 70 c.f.s. amount and 30 c.f.s. amount are not in addition to the 100 c.f.s. amount. B. As to Boat Chute No. 10: 100 c.f.s CONDITIONAL for recreation(boat chute operation). 4