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Case No. 02SA226 Town of Breckenridge Answer Brief February 2003
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Case No. 02SA226 Town of Breckenridge Answer Brief February 2003
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Water Supply Protection
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Case No. 02SA226 Town of Breckenridge Answer Brief February 2003
State
CO
Date
2/18/2003
Author
Porzak, Glenn E.; Bushong, Steven J.
Title
Case No. 02SA226 Town of Breckenridge Answer Brief February 2003
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v.VIII, pp.3 -4) to broaden and stabilize the local economy. (v.VII, p.38). To accomplish the <br />Town Council's vision and intent, Breckenridge built what is likely the state's longest kayak <br />course (v.VIII, p.37) that was designed to offer a wide range of recreation opportunities, from the <br />beginner to very high -end competitions. (v.VII, p.57,1.7-9). Breckenridge applied for water <br />rights for the Park to protect its substantial investment and to help ensure there would be <br />sufficient water to operate the Park. (v.VII, p.58,1.10 -p.59, l.3). <br />B. The Park's Structures Were Designed and Constructed to be Optimal at 500 c f s <br />To design and build a world -class whitewater Park, Breckenridge hired Gary Lacy, <br />renowned course designer, engineer, and boater. (v.VII, pp.45, 195 -197). He designed the Park <br />structures to function optimally at 500 c.f.s. after considering channel width and gradient, stream <br />geomorphology, depth of the bedrock, flow availability, and the Town's vision for the Park. <br />(v.VIII, p.4). The structures were constructed with over 4,000 tons of imported rock and 250 <br />tons of concrete; span the entire stream channel; and are anchored a minimum of fifteen feet into <br />the stream bank and six to eight feet into the stream bed. (v.VIII, p.9). In addition, <br />approximately 8,000 tons of rock, sand and gravel were removed. (Id.). The structures <br />completely modified the stream channel to create the Park. (v.VIII, p.8,1.20 -22; p.9,1.23 - p.10, <br />1.6). See App'x B photographs. <br />C. The Structures Control Flows to Create the Intended Whitewater Features <br />Mr. Lacy and Dr. Jeris Danielson (the former State Engineer) testified that the structures <br />control water by changing the depth, direction, and velocity of flow. (v.VIII, pp.28 -31, 81 -82). <br />The Park's structures extend into the stream channel to constrict and concentrate the water <br />through low flow and high flow boat chutes built into each structure. (v.VIII, pp. 18-19). By <br />forcing the water through the boat chutes, high velocity jets of water are created that, in turn, <br />Sb 1546 -3- <br />
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