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Case No. 03CW86 Findings of Fact, Conclusions of Law and Decree of the Court 2005
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Case No. 03CW86 Findings of Fact, Conclusions of Law and Decree of the Court 2005
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Case No. 03CW86 Findings of Fact, Conclusions of Law and Decree of the Court 2005
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Case No. 03CW86 Findings of Fact, Conclusions of Law and Decree of the Court 2005
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ffY the "Boating Park "). These structures were designed to control and concentrate the flow <br />of the Yampa River in order to serve the beneficial uses described herein, including the <br />formation of whitewater and wave features for recreational use by kayaks, rafts, canoes, t=$ <br />aklier} boatsIA and inner tubes. The Court finds that the application is complete and covers all <br />matters required by law. <br />4. Jurisdiction. All notices required by law have been duly given and the Court has <br />jurisdiction over the application and all parties affected thereby, whether or not they have <br />appeared. <br />5. Stipulations with Objectors. Stipulations have been entered into between the City and the <br />Upper Yampa Water Conservancy District, Routt County, Town of Oak Creek, Town of Yampa, <br />the Morrison Creek Metropolitan Water and Sanitation District, VGS Enterprises, R & S Ranch, <br />Wharton Development Group, and Michael and Susanne Holloran [(herein sometimes called <br />the "Opposer Coalition")]. The Objectors entering into said stipulations have consented to the <br />entry of this Decree. Such stipulations have been filed with the Court, and are hereby <br />approved by the Court, and are hereby made a part of and incorporated into this decree. <br />l <br />City of Steamboat Springs Boating Park. <br />a. Name of Structures. The Boating Park consists of two RICD structures known as <br />Charlie's Hole and D- Hole. <br />b. Legal Description of Structures. The Boating Park is located within the channel <br />of the Yampa River in the SW1 /4 SW1 /4 of Section 8, T. 6 N., R. 84 W. of the 6th P.M., Routt <br />County, Colorado. The location of the two RICD structures comprising the Boating Park is as <br />follows: <br />i. Structure 1 (aka Charlie's Hole). Located in the SW1 /4 SW1 /4 of Section <br />8, T. 6 N., R. 84 W., 6th P.M., the northeast end point of which is 649.5 feet from the south line <br />and 669.4 feet from the west line of the SW 1/4 of Section 8; and the southwest end point of <br />which is 594.8 feet from the south line and 571.3 feet from the west line of the SW 1/4 of <br />Section S. <br />ii. Structure 2 (aka D- Hole). Located in the SWl /4 SWl /4 of Section 8, T. 6 <br />N., R. 84 W., 6th P.M., the northeast end point of which is 1066.2 feet from the south line and <br />217.7 feet from the west line of the SW1/4 of Section 8; and the southwest end point of which is <br />974.6 feet from the south line and 135.2 feet from the west line of the SWl /4 of Section 8. <br />The Boating Park extends approximately 630 feet within the channel of the Yampa River <br />[between. Charlie's Hole and D- Holel. A map depicting the location of the two structures <br />comprising the Boating Park and the distance between these structures is attached as Exhibit A. <br />ph084I - #2 -3- <br />
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