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JUN -07 -2002 16:07 FROM -DOL NATURAL RESOURCES 3038663558 T -459 P.003/018 F -678 <br />2. b'ec ors. Timely statements of opposition were filed by the Colorado Water Conservation <br />Board (the "CWCB "), the Northern Colorado Water Conservancy District, the Municipal <br />Subdistrict of the Northern Colorado Water Conservancy District, the Cities of Colorado Springs <br />and Aurora through the Homestake Project, Trout Unlimited, and the State and Division <br />Engineers. The time for filing additional statements of opposition has expired. <br />3. Application Summary The Town of Vail designed and constructed three flow deflector and <br />control structures on Gore Creek, which form the Town of Vail Whitewater Park (the "Park"). <br />The Park was built by modifying the existing channel of Gore Creek in Eagle County, Colorado <br />with dam and deflector structures that control, concentrate and direct the flow of Gore Creek in <br />order to serve the beneficial uses described herein, including the formation of a white water <br />course for recreational use by kayaks, canoes, rafts, and other boats_ These structures also <br />establish fish habitat and therefore serve piscatorial purposes. The District provides water and <br />sewer service to the Town of Vail. By Memorandum of Understanding dated November 16, <br />2000, the Town of Vail and the District agreed to the manner in which the Park would be <br />operated in relation to area municipal and snowmaking water rights, and the District agreed to <br />adjudicate and own the water rights for the Park. Pursuant to this Memorandum of <br />Understanding, the District seeks conditional water rights for each of the three structures which <br />constitute the Park based upon the amount of water controlled and applied to beneficial use by <br />these structures. <br />4. The Town of Vail Whitewater Park <br />A. Name of Structures The Town of Vail Whitewate-r r . <br />B. Legal Description of Structures The Park is located within the channel of Gore <br />Creek in the NW1/4 NW1/4 of Section 8, T. 5 S., R. 80 W. of the 6th P.M., Eagle County, <br />Colorado. The locations of the 3 flow deflector and control structures comprising the Park are as <br />follows: <br />Structure 1 . A rock structure located within the channel of Gore Creek at a <br />point which bears S. 55 °54 E_, a distance of approximately 1248 feet from <br />the NW corner of Section 8, T. 5 S_, R. 80 W., 6th P.M. <br />2. StolgMe 2. A rock structure located within the channel of Gore Creek at a <br />point which bears S. 51 E., a distance of approximately 1190 feet from <br />the NW corner of Section 8, T. 5 S., R. 80 W., 6th P.M. <br />3. Structure 3 . A rock structure located within the channel of Gore Creek at a <br />point which bears S. 45 °20 E., a distance of approximately 1128 feet from <br />the NW corner of Section 8, T. 5 S., R. 80 W., 6th P.M. <br />k1=1000 <br />