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

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JUN -07 -2002 16:10 FROM -DOL NATURAL RESOURCES OOCW281, Div. 5 Decree 3038663558 T -459 P- 013/018 F -678 Structure 13 . A "U" shaped structure in the channel of the Blue River at a point approximately 1,170 feet from the west line and 660 feet from the south line of said Section 30. Structure 14 . Two opposing rock deflector structures on either side of the channel of the Blue River located approximately 1,270 feet from the west line and 770 feet from the south line of said Section 30. Structure 15 . Two opposing rock deflector structures on either side of the channel of the Blue River located approximately 1,250 feet from the west line and 880 feet from the south line of said Section 30. C. Source The source for the water claimed is the Blue River, a tributary of the Colorado River. D. Date of Initiation of Ap Iriatinn December 21, 2000. The appropriation was initiated by formation of the requisite intent to appropriate coupled with actions manifesting such an intent sufficient to put third parties on notice, including but not limited to, the Breckenridge Town Council's authorization for filing an application for a Section 404 Dredge and Fill Permit with the United States Army Corps of Engineers. E. Intent to A�n=12naTe The Court finds that the Town of Breckenridge possessed the requisite intent to appropriate water for the amounts and time periods shown in paragraph 4F below for recreational purposes. F. Amount Claimed The Town of Breckenridge requests conditional water rights at each of the structures in Phase I and in Phase H of the Park in the quantities set forth below. Apr May Jun Jul Aug Sep Oct 39 cfs 281 cfs 500 cfs 343 cfs 205 cfs 82 cfs 51 cfs G. Diversion and Control Approximately 1,400 cubic yards of rock and 80 cubic yards of cement grout were used to build the Phase I structures and approximately 1,200 cubic yards of rock and 80 cubic yards of grout were used to build the Phase II structures. The design capacity of the Park is 500 c.£ s. and the Park was constructed to that design capacity. AU of the structures function at the optimal 500 c.f.s. level to concentrate and control the flow of water through a high flow channel, to create waves and jets of water, self- scouring pools, hydraulic holes, large changes in current direction, and other white -water features that are used by kayakers and other boaters for recreational purposes. At flows of 500 cfs the abutments and 26970 —4—