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7. The Town of Breckenridge's Plan to Apply Remaining Conditional Rights to <br /> Beneficial Use. Within the past 6 years, the Town of Breckenridge has been diligent in the <br /> continued use and development of its conditional water rights. Activities include completing <br /> construction of the Park structures referenced above; beneficial use of the amounts claimed <br /> absolute herein; maintenance of the Park and the system of paths along the Park; defense of the <br /> subject water rights in the appeal of the Water Court decree to the Colorado Supreme Court; and <br /> providing a venue for fire department swiftwater rescue training. These actions demonstrate <br /> reasonable diligence with respect to the subject conditional water rights. <br /> 8. Ruling of the Referee. The Referee,having examined the information submitted by <br /> the Town of Breckenridge, and having completed investigations necessary to make a determination <br /> in this matter, does hereby find and conclude that the statements in the application are true and that <br /> the application should be granted) The Referee hereby rules that the Town of Breckenridge has <br /> �.t,,,,, is ie all necessary legal prerequisites and hereby orders that through reasonable diligence and <br /> `- 4' application of its conditional water rights to beneficial use, the Town of Breckenridge has made <br /> " r ke, absolute the following portion of its conditional water rights for the structures constituting the Park, <br /> 6 1" ' and maintained diligence for the following portions of its conditional water rights: <br /> r May June July S- .t ‘,,t) <br /> Total 180.7 412.4 199.4 0 / 0 0 <br /> absolute <br /> (cfs) <br /> Remaining 3 100.3 87.6 142.6 05 <br /> conditional <br /> (cfs) <br /> An application for Sextennial Finding of Reasonable Diligence shall be filed on or before the <br /> last day of 2015, if the Town of Breckenridge wishes to maintain its conditional water <br /> rights, or a showing made on or before said date that the conditional rights have been made absolute <br /> by completion of the appropriation. <br /> It is accordingly ORDERED that this ruling shall be filed with the Water Clerk subject to <br /> judicial review. <br /> It is further ORDERED that a copy of this Ruling shall be filed with the appropriate <br /> Division Engineer and the State Engineer. <br /> Dated this day of , 2009. <br /> 5 <br />