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DISTRICT COURT, WATER DIVISION NO. 5, STATE OF <br /> COLORADO <br /> 109—8th Street, Suite 104 <br /> Glenwood Springs, CO 80601 • <br /> CONCERNING THE APPLICATION FOR WATER <br /> RIGHTS OF THE TOWN OF BRECKENRIDGE <br /> IN SUMMIT COUNTY, COLORADO <br /> • COURT USE ONLY • <br /> Porzak Browning&Bushong LLP Case Number: 08CW73 <br /> Glenn E. Porzak(#2793) (00CW281) <br /> Katherine A.D. Ryan(#3 8873) <br /> 929 Pearl Street, Suite 300 <br /> Boulder, CO 80302 Water Division: 5 <br /> Tel: 303-443-6800 <br /> Fax: 303-443-6864 <br /> Email: gporzak @pbblaw.com <br /> RESPONSE TO SUMMARY OF CONSULTATION <br /> The Town.of Breckenridge("Breckenridge"),by and through its undersigned <br /> counsel,hereby responds to the summary of consultation filed in this case as follows: <br /> 1. Concern: The application states these claims are consistent with the terms of the <br /> original decree. The decree in 00CW259 [sic] [00CW281] stated that unless otherwise <br /> required by the State and Division Engineer administration of the structures will use the <br /> USGS gages for the Blue River at Blue River and French Gulch at Breckenridge and the <br /> Colorado Division of Water Resources gage for the Blue River at Highway 9 together <br /> with accounting for stream flow gain from intervening drainage areas. Without a <br /> measuring device within the reach of the Whitewater Park, said gage records and stream <br /> gain/loss accounting should be submitted to the court as evidence to support the claims to <br /> be made absolute. <br /> Response: Tom Williamsen,P.E., with the engineering firm of Helton and <br /> Williamsen, P.C.,prepared a record of stream flow data within the Whitewater Park <br /> utilizing gage records and stream gain/loss accounting consistent with the decree in Case <br /> No. 00CW281. The record of stream flow data is attached hereto as Exhibit A. <br /> 2. Concern: The dates of first beneficial use for each amount to be made absolute <br /> and evidence of recreational boating activity for those dates should be submitted to the <br /> court. <br />