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Last modified
7/15/2010 1:17:55 PM
Creation date
7/7/2010 4:39:15 PM
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Water Supply Protection
Description
Case No. 02SA226, Breckenridge
State
CO
Basin
Colorado Mainstem
Water Division
5
Date
1/17/2003
Author
Ken Salazar, Susan Schneider
Title
Opening Brief
Water Supply Pro - Doc Type
Court Documents
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given points of time." ( Golden Decree, Exhibit F, p. 4). The decree from the Division 5 water <br />court in this case allows a call on virtually all of the stream's water 24 hours a day for <br />recreational uses, which is certainly unreasonable, wasteful and inefficient. <br />This Court must also determine whether it is reasonable to allow an appropriator to call a <br />water right for boating during non - seasonal months in Colorado because there is a discrepancy <br />between the Division 1 and Division 5 water courts. In the Vail and Breckenridge Whitewater <br />cases, there is a limit to the months of use ail Decree, Exhibit G). In the Golden case, there <br />are no limits on the months of use. Further, this Court must determine on a broader basis <br />whether it is reasonable to allow an appropriator to call a water right for boating during winter <br />months in Colorado. <br />CONCLUSION <br />The judgment of the water court should be reversed in all respects and the application <br />dismissed. <br />Dated this 17th` day of January 2003. <br />KEN SALAZAR <br />Attorney General <br />STUSAN SCHNEIDER, 19961* <br />Assistant Attorney General <br />Water Rights Unit <br />Natural Resources and Environment Section <br />Attorneys for State of Colorado <br />*Counsel of Record <br />AG ALPHA: NR WE IAMNO <br />AG File: BRECKAPPEAL.DOC <br />21 <br />
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