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JUN -07 -2002 16:12 FROM -DOL NATURAL RESOURCES 3038663558 T -459 P.017 /018 F -678 <br />OOCW281, Div, 5 <br />Decree <br />CONCLUSIONS OF LAW <br />Jurisdiction Timely and adequate notice of the filing of this Application was given as required by law <br />and this Court has jurisdiction over this Application and over all parties affected thereby, whether or not they <br />have chosen to appear. <br />Diversion Structures Pursuant to C.R.S. § 37- 92- 103(7)(2000), a diversion of water may include <br />"controlling water in its natural course or location by means of ...structure or device." The dam structures <br />and flow deflector control devices which constitute the Park are such diversion structures or devices. See, <br />City of Thornton v. City of Fort Collins 830 P.2d 915 (Colo. 1992). <br />Ri hg_ht of Agpropriation The Town of Breckenridge's constitutional right to appropriate a new water <br />aright in accordance with Colorado law may not be denied or limited based upon the public trust doctrine, or <br />similar policy restraints purportedly rooted in concern for the quantities that should be left for future water <br />users. <br />Beneficial Use Recreational purposes are beneficial uses of water in Colorado. C.R.S. § 37 -92- <br />103 (4)(2000). <br />RULING AND DECREE <br />1. The foregoing Findings of Fact and Conclusions of Law are fully incorporated into this <br />Ruling and Decree by this reference. <br />2. The conditional water rights for the structures constituting the Park are hereby decreed in the <br />amounts as set forth in paragraph 4(F) above when flows exceed 100 cfs. <br />M970 <br />-g- <br />