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City of Durango
<br />Case No. 06CW9
<br />Page 2
<br />4.
<br />Conservation Board, the Durango & Silverton Narrow Gauge Railroad, United States of
<br />America, United States Bureau of Reclamation, Animas Valley Ditch and Water Company,
<br />Sullivan Wallace Ditch Company, Inc., Elkhorn Ranch Property Owners Association, Inc.,
<br />Hermosa Sanitation District, Redcliff Development, Inc., Preservation Partners, LLC and
<br />Association of Homestead Owners of Windom Ranch, the Two Dogs Property Owners
<br />Association, Inc., Stafford Properties, LLC, Castle Rock Mountain Village Homeowners
<br />Association, Kenneth Carlile, Florence Kroulik, Stuart Meyers, Carson -Bear Creek Ditch
<br />Company, Mark Condiotti, Durango West Metropolitan District No. 2, Nathan D. Knowlton,
<br />Land at Silverpick, Inc., La Plata County, Marc and Kaye Linden, San Juan County, Town
<br />of Silverton, Edna Kennedy and Michael Smead, South Western Water Conservation
<br />District, State Engineer, Division Engineer for Water Division 7, J. Scott Kennedy, Turtle
<br />Lake Ltd. Co, dba Turtle Lake LLC and James G. Whitley. Public Service Company of
<br />Colorado d/b /a Excel Energy, Inc., filed a Motion to Intervene which was not objected to by
<br />Applicant and which was granted by the Court on May 24, 2006. The time for filing
<br />statements of opposition and motions to intervene has expired.
<br />Durango has entered into stipulations with
<br />The Court has reviewed the stipulations and has entered orders approving them.
<br />finds that this decree is consistent with the provisions of the stipulations.
<br />The Court
<br />5. On March 30, 2006, pursuant to §§ 37- 92- 102(5) and 37 -92- 305(16), C.R.S., Durango
<br />submitted a copy of the application to the Colorado Water Conservation Board ( "CWCB ").
<br />The CWCB submitted its findings and recommendations to the Court on July 28, 2006. The
<br />Court has considered the CWCB's findings and recommendations.
<br />6. Durango seeks a decree confirming and approving the following described surface water
<br />rights for recreational in- channel uses for the Durango Boating Park:
<br />A. Legal description of structures The Durango Boating Park is located in the channel
<br />of the Animas River in the vicinity of Whitewater Park near the intersection of Santa
<br />Rita Drive and Highway 160 in Durango, Colorado, and is approximately 1183 feet
<br />in length along a centerline in the river from the invert of the most upstream control
<br />structure to the exit of the most downstream control structure. Each of the control
<br />structures will control the entire flow within the river channel. The control structures
<br />are designed to perform at various rates of flow and are designed to control the entire
<br />range of claimed flows for the beneficial uses described below. The approximate
<br />locations of the 4 control structures which constitute the Durango Boating Park are
<br />as follows:
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