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DISTRICT COURT, WATER DIVISION 5 <br />COLORADO <br />109 8 th 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 />COURT USE ONLY <br />IN SUMMIT COUNTY, COLORADO. <br />Ken Salazar, Attorney General <br />Case Numbers: OOCW259 and <br />Susan J. Schneider, #19961, Assistant Attorney General* <br />OOCW281 <br />John Cyran, #23144, Assistant Attorney General* <br />1525 Sherman Street, 5 th Floor <br />Division: 5 <br />Denver, CO 80203 <br />(303) 866 -5046 <br />(303) 866 -5358 <br />*Counsel of Record <br />MOTION FOR SUMMARY JUDGMENT <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, hereby submit this Motion for Summary Judgment and in support therefore, <br />state as follows: <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 />a whitewater course located in Vail. The course is located within the channel of Gore <br />Creek and extends for approximately 300 feet. Construction of the course consisted <br />of the creation of three (3) rock structures. Amounts claimed for the Vail whitewater <br />course include 12.6 c.f.s. absolute for the month of November in addition to the <br />conditional amounts set forth in the chart below. The Town of Breckenridge has also <br />