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Districi Court, Water Div. S, Colorado <br />Case . 06CW77; The Town of Carbondale <br />Findin of fact, Conclusions of Law, Ruling of Referee, Judgment and Decree <br />Page 2 9f 9 <br />Aspen, CO 81611 <br />2. Timely and adequate notice of the application were given as required by statute, and the <br />Court ias jurisdiction over the subject matter of this proceeding and over all parties affected <br />hereb , whether they have appeared or not. None of the land or water involved in this <br />applic ttion are within the boundaries of a designated groundwater basin. <br />3. Timely statements of opposition were filed by Stanley and Valerie Koziel, the Colorado <br />River ater Conservation District, the Colorado Water Conservation Board ( "CWCB "), the <br />Basalt Water Conservancy District, the State Engineer, the Division Engineer, Southeastern <br />Colon do Water Conservancy District, and Colorado Springs Utilities. No other statements of <br />oppos ion were received. The time for filing statements of opposition has expired. <br />4. Carbondale has entered into stipulations with x _� The Court <br />has re iewed these stipulations and entered orders approving them. The Court fmds that this <br />decre is consistent with the terms of the stipulations. <br />5. Carbondale seeks confirmation of the following described conditional surface water <br />rights or recreational in- channel uses ( "RICDs ") located in the Roaring Fork River for the <br />Carboi kdale Gateway Boating Park: <br />A. Names of Structures: Carbondale Gateway Boating Park, consisting of five <br />control Structures. <br />B. Locations: the Carbondale Gateway Boating Park will be located in the channel of <br />the Roaring Fork River near the intersection of State Highway 82 and State <br />Highway 133. The reach of the Boating Park will be up to approximately 1425 <br />feet in length along a centerline in the river from the invert of the most upstream <br />control Structure to the exit of the most downstream control Structure. A map <br />depicting the locations of the Structures is attached hereto as Exhibit A. The <br />precise locations of these Structures may be somewhat different from the <br />locations described above, provided that they remain with the stream reach <br />described above and any variation is described in subsequent applications for <br />findings of reasonable diligence or to make absolute these conditional water <br />rights. <br />The approximate locations of the five control Structures are further described as <br />follows: <br />(a) Structure 1: a point on the centerline of the Roaring Fork River <br />in the SE '/4 of the SE '/a of Section 28, Township 7 South, Range 88 <br />West, 6 P.M., as said section is described by the Geographic Coordinate <br />Database, located 1334 feet from the South Section Line and 657 feet <br />from the East Section Line, Garfield County. <br />