Case No. 01CW160 Findings of Facet, Conclusions of Law, and Decree April 2006

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Application of Pueblo, OICW160 Water Division 2 21. Exercise of the RICD Water Right decreed herein will not cause material injury to any CWCB instream flow water right. C.R.S. § 37- 92- 102(6)(b)(IV). 22. The adjudication and administration of the RICD Water Right decreed herein will promote the maximum utilization of waters of the state under both Colorado statutes and case law. C.R.S. § 37- 92- 102(6)(b)(V). 23. The waters claimed by Applicant can and will be diverted, or otherwise captured, possessed, and controlled and will be beneficially used. The Whitewater Park and the appropriation of the RICD Water Right can and will be completed with diligence and within a reasonable time. C.R.S. § 37- 92- 305(9)(b). 24. The RICD Water Right decreed herein can be adequately measured and administered through the proposed reach by using the Moffat St. Gauge and accounting for any intervening diversions between that gauge and the various components of the Whitewater Park. 25. Subject to the terms and conditions set forth in paragraph 7 above, Applicant is entitled to a decree confirming a conditional water right for recreational in- channel boating purposes at the proposed physical control structures in the amounts claimed during the specified time periods with an appropriation date of May 15, 2000. The RICD Water Right decreed herein will also be used for incidental fishing, wildlife habitat, and piscatorial uses. However, no water right for fishing, wildlife habitat, or piscatorial uses is confirmed by this Decree. 26. This Decree is entered into by way of compromise and settlement by Applicant and various parties that filed statements of opposition to the application. Any agreement by any such parties to the entry of this Decree shall not be construed as concurrence by those parties beyond the Decree adjudicated herein. Nothing contained in this Decree shall be binding upon any such parties in any proceeding other than the current proceeding and any subsequent proceedings involving the RICD Water Right. Because this Decree is based upon compromise, its terms may not be considered as precedent in any other similar proceeding and may not be cited against any of the compromising parties, for any purpose whatsoever other than for the purpose of enforcing the terms of this Decree, without their express written consent. 27. The Court has duly considered the August 13, 2002 Findings and Recommendations of the CWCB pursuant to C.R.S. § 37- 92- 305(1.3) and the Court adopts and incorporates the same to the extent set forth in these Findings of Fact, Conclusions of Law, and Decree. DECREE OF THE COURT 28. The foregoing Findings of Fact and Conclusions of Law are incorporated herein by reference. 29. The Court hereby grants the application for conditional water right for recreational in- channel boating uses, at the in- channel physical control structures 8