Case No. 03CW86 Findings of Fact, Conclusions of Law and Decree of the Court 2005 2

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this decree for the Boating Park RIM and is not a ounce of water for tie Boating Park v.ICD in any manner or at any times HLI To ensure that Excluded Sources +@fTI I from I _ the Boating Park RfCDI water right will not result in any adverse impact to any owner and user of water rights upstream from the Boating Park Land o«tside of the Fxclrtded Sources], if a valid call is made on the Yampa River by the Boating Park R1CD, then the amount of water being called will be: reduced by the gaged flows Int the I o tn=oaell Gme and the Oak Creel: Gans and by the decreed ilow amounts OF all wells anc infiltration galleries permitted or decreed after December 31 2003 (whether or not then diverting at Such flow ainountsl,_ within _ the Excluded Sources, and U increased by the greater of (i) the mandatory minimum flow rate required under the then-- existing federal FERC pennit to be delivered by the Upper Yampa Water Conservancy District through Stagecoach Dam to the Yampa River below the dam, or (ii) the flow rate through Stagecoach Dam of previously stored water then being released from Stagecoach Reservoir by the Upper Yampa Water Conservancy District for delivery to contract allottees I fro m Stagecoach Reservoir] who will be diverting such stored releases downstream from the Boating Park. Such increase shall not result) however,] in the adjusted call from the [Boating 1?arkl RICD ti4g44s+ exceeding the decreed amounts in paragraph 6.g. below Jor., with respect to Morrison Creels exceeding the limited amounts in paragraph 7zb below]. The Court finds that the administration of the Boating Park RICD consistent with I_au- the abo e provisions of +tla-i-,l�fflgilapbf Iparagraphs (.c andI 6.d. will not cause injury to other water users in the Yampa River basin, does not impose an iniperinissible selective subordination, is enforceable by the CityLJ and is administerable by the State and Division Engineers. e. Appropriation Date. December 16, 2003. The appropriation was initiated by the construction of the Boating Park RICD structures and the forination of the requisite intent to appropriate as evidenced by the passage of Resolution No. 2003 -74 by the Steamboat Springs City Council. % 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.g. below. g. Decreed Amounts. ISubject to the limitation of naLggi . ph 7.b below, th Court finds that the City is entitled to Jan A absolute water +r-i g44' frigW at each of the phO83941