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Findings of Fact, Conclusions of Law, Ruling of the Referee and Decree of the Water Court
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Findings of Fact, Conclusions of Law, Ruling of the Referee and Decree of the Water Court
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Last modified
6/14/2010 1:13:39 PM
Creation date
6/11/2010 2:42:08 PM
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Water Supply Protection
Description
Littleton 94CW273
State
CO
Basin
South Platte
Water Division
1
Date
1/1/2000
Author
Raymond S. Liesman, Jonathan W. Hays
Title
Findings of Fact, Conclusions of Law, Ruling of the Referee and Decree of the Water Court
Water Supply Pro - Doc Type
Court Documents
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Case No. 94CW273 <br />City of Littleton and South Suburban <br />Park and Recreation District <br />C. The amounts of water will be placed to beneficial uses at the actual <br />locations of the boatchutes within the lands described above, as water passes <br />through them. <br />11. Dates water applied to beneficial use: <br />Boat Chutes Nos. 4 and 9: August 2, 1991. <br />12. The uses of the water: <br />As to all structures except Boat Chute No. 10: Recreation, development of a <br />fishery and fish habitat, described as follows: <br />Boat Chutes Nos. 4, 9 and 10 control river flows to allow watercraft operated by <br />Park visitors and Park personnel to navigate the South Platte River from higher to <br />lower levels. This occurs because the boat chutes consolidate the flow of water in <br />the river, raising it to a level so that watercraft can pass over the chute. The <br />amount of water claimed is that which is necessary to allow canoes to safely use <br />the chutes. The chutes are also used for instructional purposes by applicant South <br />Suburban, which conducts canoeing and kayaking classes utilizing the boat chutes. <br />Boat Chutes Nos. 4 and 9 are also part of constructed rock weirs, which also have <br />the purpose of forming an area of pool habitat for fish immediately below the <br />deepened center section of the structure, and also allow for the passage of fish <br />from the downstream side of the boatchutes to the upstream side. <br />13. All structures, including Boat Chute No. 10, have now been put in place and <br />are fully operational. They function to control flows in the South Platte River. The boat <br />chutes consolidate water flows to allow for the safe passage of watercraft. <br />14. This Court finds that a valid appropriation has been made. The boat chutes <br />are structures or devices which exercise control over the water in its natural watercourse, <br />which controlled water is then put to beneficial uses. <br />• <br />5 <br />
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