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Case No. 04CW129 Findings of Fact, Conclusions of Law and Decree of the Court October 2006
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Case No. 04CW129 Findings of Fact, Conclusions of Law and Decree of the Court October 2006
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Case No. 04CW129 Findings of Fact, Conclusions of Law and Decree of the Court October 2006
State
CO
Date
10/20/2006
Author
Maes, Dennis
Title
Case No. 04CW129 Findings of Fact, Conclusions of Law and Decree of the Court October 2006
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3. Application Sutrtrnarv. The County seeks separate water rights for each of the in- channel <br />diversion structures located in the City of Salida and each of the in- channel diversion structures <br />located in the "Towel of Buena Vista, all within Chaffee County. These structures divert, capture <br />and control the flow of the Arkansas River to create features that provide a reasonable recreation <br />experience in and on the water for beating and related recreational rases and the Court finds that <br />the requested water rights qualify as recreational in- channel diversions ( "RICDs ") as defined at <br />C.R.S. § 37- 92- 103(10.3) (2004). Both the Town of Buena Vista and the City of Salida Have <br />passed resolutions supporting #his application, <br />4. Stipulations with O_bJec nrs: Stipulations between the Applicant and the following <br />Objectors were entered into and filed with the Court: Southeastern Colorado Water Conservancy <br />District, City of Aurora acting by and through its Utility Enterprise, Arkansas River Outfitters <br />Association, Upper Arkansas Water Conservancy District, Pueblo West Metropolitan District, <br />City of Salida, Lower Arkansas Valley Water Conservancy District,.Coiorado Division of Parks <br />& Outdoor Recreation, Colorado Division of Wildlife, Colorado Division of Water.Resourccs, <br />Colorado Department of Natural Resources, Colorado Water Conservation Hoard, City of <br />Colorado Springs, acting through Colorado Springs Utilities, Trout Unlimited, Castle Pines <br />North Metropolitan District, Board of.County Commissioners of Lake County and the Board of <br />Water Works of Pueblo, Colorado, The aforementioned Objectors have consented to entry of <br />this Decree and the Stipulations were approved by Order of the Court. The separate stipulations <br />survive and are enforceable outside of this decree. <br />Name of Structures: <br />{a). City ol'Salida Boa #in Park Structures ( "Salida Park "). The Salida Park consists of <br />two existing in- channel diversion structures in the channel of the Arkansas River <br />within the City of Salida. <br />(b). Town:of Buena Vista Boating Park Structures ( "13.V. Park"). The B.V. Park <br />currently consists of one in- channel diversion structure in the channel of the Arkansas <br />River within the "Town of Buena Vista. The Town intends to construct up to 3 <br />additional structures in the river channel (one or more of the 3 additional structures <br />were constructed while the application was pending) as described below. <br />Salida Park and B.V. Park are collectively referred to herein as "Parks" or "Boating <br />Parks.,, <br />6. L a Description of Structures: <br />(a).. The Salida Park is located within the channel of the Arkansas River. The locations of <br />the two recreational in- channel diversions .structures in the Salida Park are as follows: <br />i. Structure No. 1. A recreational in- channel diversion structure located in the <br />Southeast quarter of Section 32,"r 50 N, R 9 B of the New Mexico Principal <br />Meridian, Chaffee County, Colorado, the centerline of which is more <br />y <br />ollows: <br />ipaliicutarly described as f <br />1 2 <br />¢ }" 1,` d <br />Ji. <br />r. <br />Y4 <br />,y <br />1 e <br />
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