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DISTRICT COURT, WATER DIVISION 5 <br />COLORADO <br />1.09 8 tb 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 />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, 923144, 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 />56 (H) MOTION FOR DETERMINATION OF QUESTION 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 Motion for Determination of Question of Law. The <br />question of law for this Court is : Whether the Eagle River Water and Sanitation <br />District and the Town of Breckenridge must prove that the water claimed for recreational <br />uses has been impounded under section 37 -92- 103(4), C.R.S. (2001). In support of the <br />Motion, the State asserts the following: <br />STATEMENT OF FACTS <br />In Case No. OOCW259 the applicant, Eagle River Water and Sanitation <br />District, has applied for approval of a decree for recreational water rights to be used in <br />