Laserfiche WebLink
JUN -07 -2002 16:11 FROM -DOL NATURAL RESOURCES <br />OOCW281, Div. 5 <br />Decree <br />3038663558 T -459 P.018 /018 F -678 <br />for maintenance_ The water used for recreational and piscatorial purposes at the Park is available to meet the <br />calls from these downstream senior users at all times. <br />Due to the downstream calls, there is little opportunity to develop new appropriations in the upper Blue <br />River basin except for those uses that are non- consumptive and for those uses that involve exchanges <br />between a supply source and an end use. The water rights for the Park are needed to secure a priority against <br />future exchanges of water through the Park. The water rights will not affect existing decreed exchanges. <br />The water rights for the Park are junior to all existing decreed water rights in the Blue River basin <br />upstream from the Park. Therefore, the water rights for the Park will not injure these upstream senior water <br />rights. <br />K. Can and Will The Court finds that the Town of Breckenridge can and will perfect the conditional <br />portions ofthe claimed amounts within a reasonable time consistent with C.R.S. § 37- 92- 305(9)(b)(2000) at <br />flows between 100 and 500 cfs. In this regard, the Park has already been fully constructed, the beneficial use <br />of the claimed amounts has commenced, and sufficient water is available for appropriation. As part of this <br />finding, the Court concludes that water is available in sufficient quantities and on sufficiently frequent <br />occasions to complete the conditional appropriations with diligence within a reasonable time. <br />L. Colorado's Compact Entitlements There is no evidence of any intent on the part of the Town of <br />Breckenridge to export water outside Colorado, and the water rights sought in the application will not have <br />that effect. The Park is located S miles upstream from Dillon Dam, 30 miles upstream of Green Mountain <br />Dam, 96 miles upstream from the Shoshone Power Plant, and 210 miles upstream of the Colorado-Utah stare <br />line. There are numerous water rights, absolute and conditional, that are decreed for structures between the <br />Park and the state line. Due to the upstream location, the use of water for recreational purposes at the Park <br />does not reduce the supply of water available for those existing water rights or future appropriations in any <br />manner. In fact, the water may continue to be used and reused several times between the Park and the state <br />line. <br />Moreover, the Upper Colorado River Compact allocates the amount of entitlement to the Colorado <br />River flows among the upper basin states based on consumptive use. Since the recreational use of the Blue <br />River at the Park is non - consumptive, it will not add to Colorado's consumptive use quota. <br />M. Admim r do . The water rights for the Park can be administered using the U.S. Geological <br />Survey's `Blue River at Blue River' and "French Gulch at Breckenridge" gages and the Colorado Division of <br />Water Resource's "Blue River at Highway 9" gage. By utilizing these gages and accounting for stream flow <br />gain from intervening drainage areas, the water rights for the Park can be administered in the same way all <br />other water rights are administered - in priority. Notwithstanding, should the state and division engineer <br />reasonably require the installation and maintenance of another meter, guage or measuring device to administer <br />the water rights granted herein, such may be required pursuant to C.R.S. § 37- 92- 502(5)(x). <br />ras97o _7_ <br />