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jr <br />DISTRICT COURT, WATER DIVISION NO. 5, STATE OF <br />' <br />COLORADO <br />109 - 8th Street, Suite 104 <br />E °FILE® <br />Glenwood Springs, CO 81601 <br />75 O <br />CONCERNING THE APPLICATION FOR WATER <br />DA� <br />RIGHTS OF THE TOWN OF BRECKENRIDGE <br />IN SUMMIT COUNTY, COLORADO <br />A COURT USE ONLY A <br />Glenn E. Porzak ( #2793) <br />Case Number: OOCW281 <br />Steven J. Bushong ( #21782) <br />Porzak Browning & Bushong LLP <br />929 Pearl Street, Suite 300 <br />So Ordered <br />Boulder, CO 80302 <br />Tel: 303 - 443 -6800 <br />� , <br />Aw <br />Fax: 303 -443 -6864 <br />Date' <br />Email: gporzak @pbblaw.com <br />F m ­ OTION FOR CLARIFYING LANGUAGE IN DECREE <br />Applicant, the Town of Breckenridge ( "Breckenridge "), by and through its undersigned <br />attorneys, does hereby request clarifying language in its decree as set forth below. <br />i -ter <br />2�0 <br />1. The Court entered Findings of Fact, Conclusions of Law and Decree of the Water <br />Court in the above - captioned matter on June 5, 2002 (the "Decree "). The Decree provides that "[t]he <br />conditional water rights for the structures constituting the Park are hereby decreed in the amounts set <br />forth in paragraph 4(F) above when flows exceed 100 cfs." (Decree p.8 ¶ 2). <br />2. It is possible that, at times, flows will not exceed 100 cfs because of upstream <br />diversions junior to the whitewater park. Although that situation is not addressed in the Decree, <br />Breckenridge believes the only reasonable interpretation is that it should be entitled to place a call <br />against junior diverters if that will provide 100 cfs or more water at the whitewater park structures. <br />3. Breckenridge proposes a clarifying sentence be added to the end of paragraph 2, page <br />8, as follows: "Breckenridge shall be entitled to place a call against any upstream water rights junior to <br />the Park if that call will provide 100 cfs or more for the Park water rights granted herein." <br />4. Counsel for Breckenridge initially conferred with Counsel for the State on this matter. <br />As of the time this Motion was filed, the State had not yet indicated whether it would consent to the <br />Motion and Counsel for the State is now out of town. <br />Copy of t%T*Ogoir mail d to a ;i <br />Counsel of record- ��Wate <br />Referee, -- -Div. odineer � <br />State Engineer Date <br />Aa" Clerk. Wr, � 8�/'.� �18 <br />