Findings of Fact, Conclusions of Law and Decree of the Court

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DISTRICT COURT, WATER DIVISION NO. 6, E. iI.,ED Document CO Routt County District Court 146 STATE OF COLORADO Filing plate: Feb 23 2006 3:42PM KIST FSlinvl 443: 106 49352 522 Lincoln, 3rd Floor /P.O. Box 177317 Review Cler �.`£JBE TS ➢�' S3t3`�tSl"Ie81ri Steamboat Springs, CO 80477 CONCERNING THE APPLICATION OF THE CITY OF STEAMBOAT SPRINGS A COURT USE ONLY A IN ROUTT COUNTY, COLORADO Case Number: 03CW86 Water Division: 6 FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECREE OF THE COURT This matter comes before the Court on the application for water rights of the City of Steamboat Springs, Colorado filed on December 22, 2003. The application was referred to the Water Referee and re- referred to this Court by Order dated March 10, 2004. The Court, having considered the matters raised by the application, including the recommendations of the Colorado Water Conservation Board ( "CWCB "), and having made such investigations as are necessary to become fully advised with respect to the subject matter of the application, hereby makes the following findings of fact, conclusions of law, and ruling and decree in this matter. FINDINGS OF FACT AND CONCLUSIONS OF LAW 1. Applicant The applicant is the City of Steamboat Springs, Colorado ( "City ") with the following address: c/o Director of Parks and Recreation Services, P.O. Box 775088, Steamboat Springs, CO 80477 -5088. The Court finds that the applicant is an entity entitled to obtain a water right for a recreational in- channel diversion ( "RICD ") pursuant to C.R.S. 37- 92- 103(4). 2. Objectors Timely statements of opposition to the application were filed by - CWCB; State and Division Engineers, Routt County Board of Commissioners, Town of Oak Creek, Town of Yampa, Upper Yampa Water Conservancy District, Morrison Creek Metropolitan Water and Sanitation District, R & S Ranch, VGS Enterprises, Wharton Development Group, Michael and Susan Holloran, Steamboat II Metro District, Catamount Development, Lake Catamount No. 1 Metro District, Pinnacle Peak Ranch, Soda Creek Ditch Co., Lafarge West, Inc., Trout Unlimited, Dan Craig, Routt County Farm Bureau, and Dean and Jim Rossi. The time for filing additional statements of opposition has expired. 3. Application Summary The application seeks an absolute water right for a RICD (the "Boating Park RICD ") consisting of two structures commonly known as Charlie's Hole and D- Hole. These two RICD structures comprise the City of Steamboat Springs Boating Park (the Tk0236