Case No. 04CW129 Findings of Fact, Conclusions of Law and Decree of the Court October 2006

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ii. aI ctUre-Nos. -2 -4. Applicant's intent is to extend the 3.V. Park with up to three additional structures in the channel of the Arkansas River. The current planned location for these structures is in the channel of the Arkansas River as follows: Structure No. 2, approximately 2000 feet downstream of the existing structure; Structure No. 3, approximately 2150 feet downstream of the existing structure; and Structure No. 4, approximately 2300 feet downstream of the existing; structure. One or more of these structures mrere constructed while the application was pending. The exact legal descriptions for these structures shall be identified at the time they are made absolute. _.._ ...... ........__......_...._._.....:� nrap def►icting_ the location-of- the existing4t.ructure -No-. _l. -tend- the.._...........__........._........ ....,_..-._.. __,....................._...... approximate location of Structure Nos. 2-4 is attached hereto as Exhibit B. ourcq, The source for all structures in the Parks is the Arkansas River. 8. ra riation Date. December 31, 2004, based upon the intent to appropriate coupled with acts demonstrating that intent. The Court finds that the County possessed the requisite intent to appropriate for the amounts and time periods set forth in paragraph 9 below. The RICD water rights for Structure No_ 1 and 2 in the Salida Park and Structure No. I in the B.V. Park are decreed absolute and the RICD water rights for Structure Nos. 2 — 4 are decreed conditional, as further described in paragraph 12A below. 9. Amount of RICD Water Right. For each structure in the Salida Park and the B.V. Park, the RICD water rights shall be for the amounts and for the time periods set forth below, as measured at the Wellsville gage below the City of Salida pursuant to paragraph 12(h), below. Time March 15- Thursday Friday before the July 1 - Aug 16 - Nov Period before the last last Monday in Aug 15 is Monday in May May - June 30 Flows 250 700 -l.800 700 250 (cfs) (adjustable) The time period from the Friday before the last Monday in May through .tune 30 ( "1-ligh Flow Period ") corresponds to a portion of the time when flows are typically the highest at the Wellsville gage and when the Boating Parks attract the greatest number of users of all abilities, including experts. The adjustable flaw rate for the High Flow Period shall be determined by the Applicant each year, at its sole discretion, but in consultation with the City of Salida and the Town of Buena Vista, and subject to the limitations set forth in this paragraph and paragraph 10 below. Specifically, on or bef'ote April 1 of each year, the County shall notify in writing the Division Engineer, and any party hereto that has requested such notice, of 8 days in June during the High Flow Period when the water rights for the lt1CDs shall be-1,800 cfs ( "Event Clays "). Similarly, on or before May 10 of each year, the County shall notify in writing the Division Engineer (and any party hereto that has requested such notice) of up to 30 consecutive days 4