Concerning the application of the town of Carbondale

• File Number: 06CW077
• Description: Stipulation with the Colorado Water Conservation Board
• State: CO
• Basin: Colorado Mainstem
• Water Division: 5
• Date: 7/15/2009
• Author: Town of Carbondale
• Title: Stipulation with the Colorado Water Conservation Board for Carbondale RICD
• Water Supply Pro - Doc Type: Court Documents

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
Page 7 of 9
the Division Engineer at least seven days prior to the event. 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.
CONCLUSIONS OF LAW
15. The Application filed herein was complete, covering all applicable matters required under
C.R.S. § 37 -92 -302 (2005).
16. All notices required by law have been given, and no further notice need be given.
17. 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).
18. The Court has authority to confirm the conditional surface water rights for recreational
in- channel uses requested by Carbondale. C.R.S. § 37 -92- 103(4) (2005).
19. The Court finds that Carbondale is an entity entitled to obtain a water right for
recreational in- channel uses pursuant to C.R.S. § 37 -92- 103(4) (2005).
20. Carbondale has complied with all requirements and met all standards and burdens of
proof and is therefore entitled to a decree confirming and approving the Carbondale Gateway
Boating Park RICD water rights as described herein.
21. The conditional surface water rights for the Carbondale Gateway Boating Park described
herein, if exercised and administered in accordance with the terms and conditions of this decree,
will not cause injury to any owner of or person entitled to use water under any vested water right
or decreed conditional water right.
RULING OF THE REFEREE
22. The foregoing Findings of Fact and Conclusions of Law are incorporated herein by this
reference. Conditional surface water rights for the Structures constituting Carbondale Gateway
Boating Park are hereby decreed in the amounts as set forth above and subject to the terms and
conditions set forth herein for the above- described recreational in- channel uses.
23. In confirming these water rights, the Water Court specifically finds and determines that
these rights are part of an integrated water system and that Carbondale can and will apply these
new rights to beneficial use within a reasonable time.