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preliminary research, decided to build the Park. (v.X, pp.23 -24, 27). The permitting and
<br />approval process that was completed for the Park was very detailed. (v.X, pp.24 -40). Vail's
<br />Town Manager, Robert McLaurin, testified that the purpose of the Park was to create a
<br />recreational amenity that would draw visitors and spectators to the Town during the non -ski
<br />season and help the Town's economy. (v.X, pp.21 -22, p.40,1.20- p.42,1.18). The Town Council
<br />then hired Gary Lacy, renowned course designer, expert engineer, and boater, (v.X, p.26,1.17 -20;
<br />v.XI, p.3, 1.12- p.4,1.7), to create a "world -class premiere" whitewater park that would attract the
<br />greatest number of people to Town to broaden and stabilize the local economy. (v.X, pp.21, 40-
<br />42; v.XI, p.6,1.13- p.7,1.13, p.74,1.10 -16).
<br />To accomplish the Town Council's vision and intent, the Park was designed to offer a wide
<br />range of recreation opportunities, ranging from the beginner to expert competitions. (v.X, p.41;
<br />v.XI, p.6,1.13 -18). Mr. McLaurin testified that the success of the Park is "directly dependent" on
<br />the ability to maintain the Park's flows, thus applying for a water right was critical. (v.X, p.60
<br />1.12 - p.61,1.25).
<br />Pursuant to the MOU between Vail and the District, the District, as Vail's sole water
<br />provider, agreed to apply for, obtain, and administer the water rights for the Park, along with all
<br />the other water rights it holds and administers on behalf of the Town. (v.X, p.60,1.19-23; pp.79-
<br />80). Vail initiated the MOU because the District is in the water rights business and the Town is
<br />not. The MOU allows each entity to function within its area of expertise while protecting the
<br />flows that have so immediately contributed to the success of the Park. (Id.).
<br />B. The Park's Structures Were Designed and Constructed to Be Optimal at 400 c f s
<br />Mr. Lacy designed the course to function optimally at 400 c.f.s. after taking into account
<br />stream gradient, channel width, bank height, water availability and aesthetics (v.XI, p.7,1.2 -
<br />Sb1549 -3-
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