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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 />IN ROUTT COUNTY, COLORADO <br />Porzak Browning & Bushong LLP <br />Case Number: 03CW86 <br />Glenn E. Porzak ( #2793) <br />P, Fritz Holleman ( #21888) <br />Water Division: 6 <br />929 Pearl Street, Suite 300 <br />Boulder, CO 80302 <br />Tel: 303 - 443 -6800 <br />Fax: 303 - 443 -6864 <br />Email: 30rzalc c bblaw.com <br />Lettunich & Vanderbloemen, LLC <br />Anthony B. Lettunich ( #6896) <br />200 Lincoln Avenue, Suite 300 <br />P.O. Box 773990 <br />Steamboat Springs, CO 80477 <br />JOINT MOTION FOR DETERMINATION OF DECREE TERMS <br />Applicant, the City of Steamboat Springs, Colorado (the "City") and the Upper Yauipa <br />Water Conservancy District, the Board of County Commissioners of Routt County, Colorado, <br />the Town of Oak Creek, the Town of Yampa, the Morrison Creek Metropolitan Water and <br />Sanitation District, VGS Enterprises, R & S Ranch, Wharton Development Group, and Michael <br />and Susanne Holloran (collectively the "Opposer Coalition"), by and through their attorneys, <br />move for an order that the proposed Findings of Fact, Conclusions of law and Decree of the <br />Court attached hereto as Exhibit 1 (the "Decree ") is lawful and enforceable. Specifically, the <br />parties request an order that the administration of paragraphs 6c 6d and 7b will not cause injury <br />to other resent and future water users in the Yampa_River basin, does not impose_. n <br />impermissible selective subordination, is enforceable by the City, and is administerable by the <br />State and Division Engineers without [modification to the appropriation and adjudication date of <br />the Boating Park Rl ", water right. As grounds for this motion, the parties state as follows: <br />Decree Terms and Conditions at Issue <br />1. Paragraph 6e of the proposed Decree excludes thre sources from the drainage __ <br />basin upstream of the recreational in- channel diversion ( "RICD ") claimed by the City. The first <br />excluded source is the Yampa River and its tributaries and tributaryaauifers upstream of the <br />gage immediately below Stagecoach Reservoir, tnd 211 return flows front existing and ft tune <br />unstre m diversions which enter the Yampa River above such gage. That excluded source is <br />roughly 9% ofthe flow atthe Boating Park_ The second excluded source is,0ak --- Ci_eek_ltnd itsits___ <br />Deleted: witnesses <br />Deleted: snhjcc[ <br />ā¯‘eleted: [wo <br />Deleted: 6nsin <br />a : City's RICO : the <br />