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

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District Court, Water Div. S, Colorado Case No. 06CW77; The Town of Carbondale Findings of Fact, Conclusions of Law, Ruling of Referee, & Judgment and Decree of the Court Page 3 of 10 Coordinate Database, located 1350 feet from the South Section Line and 783 feet from the East Section Line, Garfield County. Structure 3: A point on the centerline of the Roaring Fork River in the NE' /4 of the SE '/4 of Section 28, Township 7 South, Range 88 West, 6 P.M., as said section is described by the Geographic Coordinate Database, located 1369 feet from the South Section Line and 1078 feet from the East Section Line, Garfield County. d. Structure 4: A point on the centerline of the Roaring Fork River in the NE' /4 of the SE' /4 of Section 28, Township 7 South, Range 88 West, 6 P.M., as said section is described by the Geographic Coordinate Database, located 1382 feet from the South Section Line and 1269 feet from the East Section Line, Garfield County. e. Structure 5: A point on the centerline of the Roaring Fork River in the NE %4 of the SE' /4 of Section 28, Township 7 South, Range 88 West, 6 P.M., as said section is described by the Geographic Coordinate Database, located 1479 feet from the South Section Line and 2076 feet from the East Section Line, Garfield County. A map depicting the locations of the Structures is attached hereto as Exhibit A. C. Source: The source for all Structures is the Roaring Fork River. D. Appropriation Date: April 25, 2006, based on the intent to appropriate coupled with acts demonstrating that intent. E. Decreed Amount of RICD Water Rights. The following amounts, in cubic feet per second ( "cfs "), are herein decreed for each of the control Structures, to be operated and administered as described in the text below the table: Time Period March 15 through April 14 Apr. 15 through Apr. 30 May 1 through May 14 May 15 through July 14 July 15 through July 31 Aug. 1 through October 31 November 1 through November 30 Flow Rate (cfs) 230 390 630 970 575 310 230 The amounts claimed are for all five Structures. Intermittent Flows Plus up to: 20 days @ 1100 cfs 15 days @ 1300 cfs 10 days @ 1600 cfs 2. The claim is limited to the period between 8:00 a.m. and 8:00 p.m. for all base flow levels and for the intermittent flows of 1,100 and 1,300 cfs.