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

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JUN -07 -2002 16 :09 FROM-DOL NATURAL RESOURCES 3038663558 T -459 P.011 /018 F-678 2. Objectors Timely statements of opposition were filed by the Colorado Water Conservation Board, the City of Colorado Springs, Trout Unlimited, and the State and Division Engineers. The time for filing additional statements of opposition has expired. 3. Application Summagy The Town of Breckenridge designed and constructed IS flow deflector and control structures on the Blue River, which form the Town of Breckenridge Whitewater Park (the "Park "). The Park was built by modifying the existing channel of the Blue River in Summit County, Colorado with a number of different dam and deflector structures in two separate phases. Phase I included construction of 8 dam structures and flow deflector control devices with boat chutes, and Phase II included an additional 7 such structures. These structures control, concentrate and direct the flow of the Blue River in order to serve the beneficial uses described herein, including the formation of a white water course for recreational use by kayaks, canoes, rafts, and other boats. These structures also incidentially establish fish habitat and therefore also serve piscatorial purposes. The Town of Breckenridge seeks conditional water rights for each of the 15 structures which constitute the Park based upon the amount of water controlled and applied to beneficial use by these structures. 4. Town of Breckenridge _Vyhitewater Park. A. Name of Structures Town of Breckenridge Whitewger Park The Park was constructed in two phases. Phase I of the Park consists of eight (8) separate dam structures and water deflector structures, which concentrate and control the flows of the Blue River for boating purposes. Phase II of the Park is located immediately upstream of Phase I on the Blue River and consists of seven (7) separate dam structures and water deflector structures. These structures also concentrate and control the flows of the Blue River for boating purposes. B. Legal Description of Structures Taken together, Phase I and Phase II of the Park stretches approximately 1800 feet generally within the existing channel of the Blue River in the Town ofBreckenridge_ 1 _ Phase I : Each of the structures that comprise Phase I are located in the NW 1 /4 SW1/4 and SW1/4 SW 114 of Section 30, T. 6 S., R. 77 W., the 6th P.M., and are more specifically described as follows: Stnteture 1 . A "U" shaped structure in the channel of the Blue River at a point approximately 1,240 feet from the west line and 1,000 feet from the south line of said Section 30. .Stui cture 2. A "V" shaped structure in the channel of the Blue River at a point approximately 1,190 feet from the west fine and 1,090 feet from the south line of said Section 30. Stniclure 3 . Two opposing rock deflector structures on either side of the channel of the Blue River located approximately 1,160 feet from the west line and 1,230 feet from the south line of said Section 30_ f46970