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rock formations. Phase II consisted of seven (7) rock formations located immediately upstream of Phase I. The total length of the Whitewater Park is approximately 1800 feet. The Water Court granted to the Town of Breckenridge conditional water rights for both phase one and phase two of the project which includes all 15 rock formations. The State contends the Water Court improperly granted an instream flow water right to an entity other than the Colorado Water Conservation Board. The State argues that the Water Court erred in extending the holding of Thornton v. Ft. Collins 830 P.2d 915 (Colo. 1992) to allow water to run freely in the channel. In State also contends that the Breckenridge Whitewater course neither controlled the water nor put it to beneficial use within the meaning of section 37 -92- 103(4), 10 C.R.S. (2000). Finally, the State argues that the Water Court granted excessive amounts of water and times for use. B. The judgment appealed and statement of the basis for appellate jurisdiction. The entire water court judgment and decree is being appealed. The Supreme Court has jurisdiction pursuant to C.A.R. 1 (a)(2), 4 (a), and § 13- 4- 102(1)(d), 5 C.R.S. (2001). C. Whether the judgment or order resolved all issues including attorneys' and costs. A Motion regarding attorneys fees has been filed. A Motion for Clarifying language in decree has also been filed. The judgment and decree of the water court is final as to all other issues. D. Whether the judgment was made final in accordance with C.R.C.P. 54(b). Yes. E. Date the Judgment and Decree was entered and the date of mailing to counsel. The judgment and decree was entered and mailed to counsel on June 5, 2002. F. Whether there were any extensions granted to file any motions for post -trial relief. An extension of time was granted in which to file motions for attorneys' fees. That extension has expired and the motion has been filed. G. The date any motion for post -trial relief was filed. PA