Case No. 03CW86 Findings of Fact, Conclusions of Law and Decree of the Court 2005

• Description: Case No. 03CW86 Findings of Fact, Conclusions of Law and Decree of the Court 2005
• State: CO
• Title: Case No. 03CW86 Findings of Fact, Conclusions of Law and Decree of the Court 2005
• Water Supply Pro - Doc Type: Court Documents

C. Sourc e. The source for the Boating Park right is the Yampa River and all
tributaries thereto.
d. Appropriation Date. December 16, 2003. The appropriation was initiated by the
construction of the Boating Park RICD structures and the formation of the requisite intent to
appropriate as evidenced by the passage of Resolution No. 2003 -74 by the Steamboat Springs
City Council.
e. Intent to Appropriate. The Court finds that the City possessed the requisite intent
to appropriate water for the amounts and at the time periods shown in paragraph 6.f. below.
f. Decreed Amounts. The Court finds that the City is entitled to Lon absolute water
(rights ri ht at each of the LMo =1 RICD structures comprising the Boating Park in the
quantities set forth below(,
Time
April
May
May
June
June
July
Jul
August
Period
15 -30
1 -15
16 -31
1 -15
16 -30
1 -15
16 -31
1-15
Flows
400
650
1000
1400
650
250
100
90
cis
The above amounts claimed are limited to the hours of 8:00 a.m. to 8:00 p.m. t(10:00
, oxcept dtiring tip t rfol (The Boating Park
RICD tight is not entitled to divert, capture, or control water at the two diversion
structures in the Boating Park between 8 a.m. and the following 8 a.m., except and
provided that the City is entitled as a part of such absolute water right to the above
amounts during the hours of 8:00 p.m. until midnight on up to 10 days between April 1.S -Mier. the and August 1.5 for l nighttime competitive events f each y ea
midni-ghtfI [if each such night is first designated in writing by the _City at least 7 days in
advance thereof to the Division En ineer for Water Division No. 61.
g. Diversion and Control. The design capacity of the two RICD structures is greater
than 1400 cfs, which allows flows of that amount to be fully captured by the high flow channel
constructed into each structure without overtopping. Flow rates up to and greater than 1400 efs
are efficiently controlled, concentrated and diverted, without waste, to create waves and jets of
water, self - scouring pools, hydraulic holes, large changes in current direction, and whitewater
features that are used by kayakers and other boaters and inner tubers for the City's intended
recreational purposes. A low flow channel constructed into each structure controls and
concentrates water at low flow to allow passage of boats, inner tubes and other recreational water
craft through each structure at lower flows.
In view of the foregoing, the Court finds that the RICD structures at Charlie's Hole and
D -Hole control, concentrate and direct the flow of water through the structures in a manner that
ph084142 -4-