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Colorado River Division 5 Breckenridge RICD 00CW2810 06/20/2008
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Colorado River Division 5 Breckenridge RICD 00CW2810 06/20/2008
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10/27/2014 3:36:16 PM
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10/27/2014 3:20:48 PM
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Water Supply Protection
Description
Breckenridge RICD 00CW28101 Case # 08CW73 (00CW281) application to make Conditional Rights Absolute and for Finding of Reasonable Diligence
State
CO
Basin
Colorado Mainstem
Water Division
5
Date
6/20/2008
Author
Porzak Browning & Bushong LLP Glenn E. Porzak (#2793) Katherine A.D. Ryan (#38873)
Title
Breckenridge RICD 00CW28101 Case # 08CW73 (00CW281) application to make Conditional Rights Absolute and for Finding of Reasonable Diligence
Water Supply Pro - Doc Type
Court Documents
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E. Amounts decreed: Monthly flow rates were decreed conditional at each of the <br /> structures in Phase I and in Phase II of the Park in the quantities set forth below: <br /> Apr May Jun Jul Aug Sept Oct <br /> • <br /> 39 cfs 281 cfs 500 cfs 343 cfs 205 cfs 82 cfs 51 cfs <br /> F. Beneficial Use: Recreational boating purposes. <br /> 4. Claim to Make Water Rights Absolute for the Town of Breckenridge Whitewater Park. <br /> All of the structures comprising the Park have been constructed,maintained and used for <br /> recreational boating purposes. Consistent with the terms of the original decree, the following <br /> amounts are claimed absolute based upon use of the structures in the Park and the flows at the <br /> Park since the original decree was entered. The amounts not yet made absolute are noted as <br /> remaining conditional. Applicant reserves the right to make additional portions of the water <br /> right absolute based upon flows and use that occur while this application is pending. <br /> Apr May June July Aug Sept Oct <br /> Total 39 281 412.4 210.9 122.2 55.8 44.7 <br /> absolute <br /> (cfs) <br /> Remaining 0 0 87.6 132.10 82.8 26.2 6.3 <br /> conditional <br /> (cfs) <br /> 5. Outline of work done to complete project and apply water to beneficial use. With respect <br /> to any remaining portion of the conditional water rights decreed to the Park that are not made <br /> absolute in this matter, Applicant seeks to retain the conditional status thereof by demonstrating <br /> its reasonable diligence. Within the past 6 years, Applicant has been diligent in the continued <br /> use and development of its conditional water rights. Activities include completing construction <br /> of the Park structures referenced above;beneficial use of the amounts claimed absolute herein; <br /> maintenance of the Park and the system of paths along the Park; defense of Applicant's water <br /> rights, including the Park rights through the time and expense of final resolution of the appeal to <br /> the Colorado Supreme Court;providing a venue for fire department swiftwater rescue training; <br /> and other actions that demonstrate reasonable diligence with respect to the subject conditional <br /> water rights. <br /> 6. Names and addresses of owners of land on which structures are or will be located, or <br /> upon which water is or will be placed to beneficial use: <br /> The structures which constitute the Park are located on land owned by Applicant. <br /> 23369 4 <br />
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