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DISTRICT COURT, WATER DIVISION 5 <br />COLORADO <br />109 8 Street, Suite 104 <br />Glenwood Springs, Colorado 81601 <br />CONCERNING THE APPLICATION FOR WATER <br />RIGHTS OF THE EAGLE RIVER WATER AND <br />SANITATION DISTRICT, <br />IN EAGLE COUNTY, COLORADO. <br />AND <br />CONCERNING THE APPLICATION FOR WATER <br />RIGHTS OF THE TOWN OF BRECKENRIDGE, <br />IN SUMMIT COUNTY, COLORADO. <br />A� COURT USE ONLY <br />Ken Salazar, Attorney General <br />Case Numbers: OOCW259 and <br />Susan J. Schneider, #19961, Assistant Attorney General* <br />OOCW281 <br />John Cyran, 423144, Assistant Attorney General* <br />1525 Sherman Street, 5"' Floor <br />Division: 5 <br />Denver, CO 80203 <br />(303) 866 -5046 <br />(303) 866 -5358 <br />*Counsel of Record <br />REPLY TO RESPONSE TO 56(h) MOTION FOR DETERMINATION OF QUESTION <br />OF LAW <br />Objectors Colorado Water Conservation Board, and the State and Division <br />Engineers (collectively the "State "), through their undersigned counsel, and pursuant to <br />C.R.C.P. 56(H), hereby submit this Reply to Response to Motion for Determination of <br />Question of Law. In support of the Reply Motion, the State asserts the following: <br />I. THE PLAIN LANGUAGE OF SECTION 37 -92- 103(4), C.R.S. (2001) <br />REQUIRES THE APPLICANTS TO PROVE THAT THE WATER CLAIMED <br />FOR RECREATIONAL USES IS IMPOUNDED IN THE VAIL AND <br />BRECKENRIDGE WHITEWATER COURSE STRUCTURES. <br />Section 37- 92- 103(4), C.R.S. (2001) states: <br />"Beneficial use" is the use of that amount of water that is reasonable and <br />appropriate under reasonably efficient practices to accomplish without waste the <br />