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I <br />I � m <br />6. The District has satisfied the can and will elements of § 37- 92- 305(9)(b) C.R.S. <br />(2000)- wifhrespect to tilt clrairned ri2bts. <br />7. The legal descriptions of the control structures set forth in the application are <br />accurate. <br />8. The source for the claimed water rights is Gore Creek, a tributary to the Colorado <br />River. <br />9. Mr. Williamsen is an expert in the fields of water rights engineering and water <br />rights administration. <br />10. Dr. Danielson is an expert in the fields of water rights engineering and water right <br />administration. <br />11. Dr. Raucher is an expert in the field of economics. <br />12. The water rights sought by this application are completely non - consumptive. <br />13. The structures took eight weeks to build and the Town of Vail spent in excess of <br />$200,000 on construction of the Whitewater Park. More spending is planned for <br />improvements to the Whitewater Park. <br />14. The flow of water has been significantly altered by the structures from the pre - <br />course condition and changed both left and right on the horizontal plane and up <br />and down on the vertical plane. <br />15. Water in the amounts claimed for the course are available for appropriation in <br />Gore Creek. <br />16. The District does not claim all the unappropriated flow in Gore Creek. The <br />District's largest claim in any month is for the 400 cfs claimed in May, June and <br />July. Flows in Gore Creek in the reach at issue often exceed 1,000 cfs in those <br />months. <br />17. The water rights sought by the District are capable of administration. <br />18. The water rights claimed by the District will not injure any existing water rights. <br />19. The water rights claimed should not be denied because of any impact on <br />Colorado's interstate compact entitlements. <br />Tm0286 <br />