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Case No. 01SA252 Motion for Leave to File a Breif as Amici Curiae April 2002
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Case No. 01SA252 Motion for Leave to File a Breif as Amici Curiae April 2002
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Case No. 01SA252 Motion for Leave to File a Breif as Amici Curiae April 2002
State
CO
Date
4/8/2002
Author
Kassen, Milenda R.; Zimmerman, Kathleen C.
Title
Case No. 01SA252 Motion for Leave to File a Breif as Amici Curiae April 2002
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No. 1 (the "Engineers ") filed a Motion to Intervene dated September 22. 2000.. which was <br />granted by Order dated January 3, 2001. The time for filing additional statements of <br />opposition has expired. <br />C. Stipulations. Separate stipulations have been entered into between Golden and the City <br />of Westminster. Town of Georgetown. Clear Creek Skiing Company and the County of <br />Clear Creek. The Objectors entering into said stipulations have consented to entry of this <br />Decree. The foregoing stipulations are hereby approved. The only remaining Objectors <br />who have neither withdrawn their opposition or entered into a stipulation in this case are <br />the CWCB and the Engineers (collectively, the "State "). <br />D. Summary of Application. Golden designed and constructed 7 dam structures and flow <br />deflector control devices with boat chutes on Clear Creek which form the City of Golden <br />White Water Course. t Although Golden seeks water rights for each of the 7 structures, <br />these separate structures are collectively referred to herein as the City of Golden White <br />Water Course (or the "Course ") for ease of reference. These structures were designed to <br />control and concentrate the flow of Clear Creek in order to serve the beneficial uses <br />described herein, including the formation of a white water course for recreational use by <br />kayaks, rafts and other boats. Golden seeks absolute water rights for each of the <br />structures which constitute this Course based upon the amount of water controlled and <br />applied to beneficial use by these structures. Golden seeks additional conditional water <br />rights for these structures during May and July to achieve the optimum flows for which <br />the Course was designed. Golden also intends to extend the length of the City of Golden <br />White Water Course by constructing approximately 10 additional dam structures and <br />water deflector control devices with boat chutes designed to concentrate and control the <br />flows of Clear Creek for the beneficial uses claimed herein. Golden seeks conditional <br />water rights for the additional structures. Although conditional water rights are sought <br />for each of these additional structures, they are collectively referred to herein as the City <br />of Golden White Water Course (Extension) (or the "Extension ") for ease of reference. <br />E. Findings for the Citv of Golden White Water Course. <br />Name of Structures: The Course consists of 7 separate dam structures and water <br />deflector control devices with boat chutes that concentrate and control the flows <br />of Clear Creek for the beneficial uses claimed herein. <br />r <br />2. Legal Description. The Course is located within the modified channel of Clear <br />Creek in the NWIA of the NE 1/4 of Section 33, T. 3 S., R. 70 W. of the 6th <br />P.M., Jefferson County, Colorado. The Course begins at a previously existing <br />rock deflector device followed by 7 dam structures of various types, each of <br />'The application described 8 such structures. Golden has dropped its claim for a water right for the first <br />structure described in the application and this decree recognizes absolute water rights for only the remaining 7 <br />structures identified for the City of Golden White Water Course. <br />Page 2 of 11 <br />
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