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DISTRICT COURT, WATER DIVISION NO. 6, <br />STATE OF COLORADO <br />522 Lincoln, 3rd Floor /P.O. Box 177317 <br />Steamboat Springs, CO 80477 <br />CONCERNING THE APPLICATION OF THE CITY OF <br />STEAMBOAT SPRINGS <br />❑ COURT USE ONLY ❑ <br />IN ROUTT COUNTY, COLORADO <br />Case Number: 03CW86 <br />Water Division: 6 <br />FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECREE OF THE COURT <br />This matter comes before the Court on the application for water rights of the City <br />of Steamboat Springs, Colorado filed on December 22, 2003. The application was referred to the <br />Water Referee and re- referred to this Court by Order dated March 10, 2004. The Court, having <br />considered the matters raised by the application, including the recommendations of the Colorado <br />Water Conservation Board ( "CWCB "), and having made such investigations as are necessary to <br />become fully advised with respect to the subject matter of the application, hereby makes the <br />following findings of fact, conclusions of law, and ruling and decree in this matter. <br />FINDINGS OF FACT AND CONCLUSIONS OF LAW <br />1. Applicant. The applicant is the City of Steamboat Springs, Colorado ( "City ") with the <br />following address: c/o Director of Parks and Recreation Services, P.O. Box 775088, Steamboat <br />Springs, CO 80477 -5088. The Court finds that the applicant is an entity entitled to obtain a <br />water right for a recreational in- chamlel diversion ( "RICD ") pursuant to C.R.S. 37- 92- 103(4). <br />2. Objectors. Timely statements of opposition to the application were filed by the CWCB, <br />Routt County Board of Commissioners, Town of Oak Creek, Town of Yampa, Upper Yampa <br />Water Conservancy District, Morrison Creek Metropolitan Water and Sanitation District, R & S <br />Ranch, VGS Enterprises, Wharton Development Group, Michael and Susan Holloran, Steamboat <br />II Metro District, Catamount Development, Lake Catamount No. 1 Metro District, Pinnacle Peak <br />Ranch, Soda Creels Ditch Co., Lafarge West, Inc., Trout Unlimited, Dan Craig, Routt County <br />Farm Bureau, and Dean and Jim Rossi. The time for filing additional statements of opposition <br />has expired. <br />3. Application Summary. The application seeks an absolute water right for a RICD <br />consisting of two structures commonly known as Charlie's Hole and D -Hole. These two RICD <br />structures comprise the City of Steamboat Springs Boating Park -(-1 th "Boating Park <br />