Findings of Fact, Conclusions of Law, Ruling of the Referee and Judgment and Decree of the Court

Home Browse Search

District Court, Water Div. 5, Colorado Case No. 06CW77; The Town of Carbondale Findings of Fact, Conclusions of Law, Ruling of Referee, & Judgment and Decree of the Court Page 8 of 10 L. Nighttime Use: The primary use of the Carbondale Gateway Boating Park is from 8:00 a.m. to 8:00 p.m. for all base flow levels and for intermittent flows of 1,100 and 1,300 cfs. Nighttime boating events are limited to claims for intermittent flows of 1,600 cfs. Nighttime boating events included within the claim require notice to the Division Engineer at least one week prior to the event and are limited to the days when the flow rate exceeds 1,600 cfs in any given year, between April 15th and November 30th. Other factors, including the travel time of water from upstream facilities, will limit the future ability to reduce the flows during other hours without impacting flows during nighttime boating events. The parties in this case further recognize that daily fluctuations in flow in excess of 10 -15% of stream flow may have adverse impacts on fish and wildlife habitat which should be avoided to the extent possible, while still fulfilling all the requirements and rights under this Decree. M. Administration: The Town of Carbondale has agreed, as part of compromise negotiations, to install and rate a single point of administration for the RICDs decreed herein at the location of Structure 1. In the event that this device ever becomes inoperable, the Town of Carbondale shall provide timely written notice to the counsel of record of such inoperability for the parties in this case, and the operable gage closest to this point, or such other gage or gages as the Division Engineer may reasonably determine, after providing the parties a reasonable opportunity to comment on any proposal to use an alternate gage, shall be used to administer the RICD water rights until such time as the point becomes operable again. If the Division Engineer reasonably determines that other measuring devices are necessary to administer this decree, the Town of Carbondale shall install, operate, and maintain at its expense all gages and measuring devices as the Division Engineer reasonably determines to be necessary to administer this decree, and in any case shall report at reasonable times to the Division Engineer the readings from such gages and measuring devices. Conclusions of Law VI. The Application filed herein is complete, covering all applicable matters required under C.R.S. § 37 -92 -302 (2005). VII. All notices required by law have been given, and no further notice need be given. VIII. The Court has jurisdiction of this matter and of all persons, whether they have appeared or not. C.R.S. §§ 37 -92- 301(2) and - 303(1) (2005).