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Colorado River Division 5 Breckenridge RICD 00CW2810 06/05/2002
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Colorado River Division 5 Breckenridge RICD 00CW2810 06/05/2002
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10/27/2014 3:20:49 PM
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10/27/2014 3:20:49 PM
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Water Supply Protection
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Breckenridge RICD 00CW28101 Case # 08CW73 (00CW281) Findings of Fact, Conclusions of Law and Decree of the Water Court
State
CO
Basin
Colorado Mainstem
Water Division
5
Date
6/5/2002
Author
Porzak Browning & Bushong LLP Glenn E. Porzak (#2793) Katherine A.D. Ryan (#38873)
Title
Breckenridge RICD 00CW28101 Case # 08CW73 (00CW281)Findings of Fact, Conclusions of Law and Decree of the Water Court
Water Supply Pro - Doc Type
Court Documents
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00CW281,Div.5 <br /> Decree <br /> Structure 13. A"U"shaped structure in the channel of the Blue River at a point <br /> approximately 1,170 feet from the west line and 660 feet from the <br /> south line of said Section 30. <br /> Structure 14. Two opposing rock deflector structures on either side of the <br /> channel of the Blue River located approximately 1,270 feet from <br /> the west line and 770 feet from the south line of said Section 30. <br /> Structure 15. Two opposing rock deflector structures on either side of the <br /> channel of the Blue River located approximately 1,250 feet from <br /> the west line and 880 feet from the south line of said Section 30. <br /> C. Source: The source for the water claimed is the Blue River, a tributary of the Colorado <br /> River. <br /> D. Date of Initiation of Appropriation: December 21, 2000. The appropriation was initiated by <br /> formation of the requisite intent to appropriate coupled with actions manifesting such an intent sufficient to <br /> put third parties on notice, including but not limited to,the Breckenridge Town Council's authorization for <br /> filing an application for a Section 404 Dredge and Fill Permit with the United States Army Corps of <br /> Engineers. <br /> E. Intent to Appropriate. The Court finds that the Town of Breckenridge possessed the requisite <br /> intent to appropriate water for the amounts and time periods shown in paragraph 4F below for recreati <br /> puwses. <br /> F. Amount Claimed. The Town of Breckenridge requests conditional water rights 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 Sep Oct <br /> 39 cfs 281 cfs 500 343 cfs 205 82 cfs 51 cfs <br /> cfs cfs <br /> G. Diversion and Control. Approximately 1,400 cubic yards of rock and 80 cubic yards of cement <br /> grout were used to build the Phase I structures and approximately 1,200 cubic yards of rock and 80 cubic <br /> yards of grout were used to build the Phase II structures. The design capacity of the Park is 500 c.f.s. and the <br /> Park was constructed to that design capacity. All of the structures function at the optimal 500 c.f.s.level to <br /> concentrate and control the flow of water through a high flow channel, to create waves and jets of water, <br /> self-scouring pools, hydraulic holes, large changes in current direction, and other white-water features that <br /> are used by kayakers and other boaters for recreational purposes. At flows of 500 cfs the abutments and <br /> fd6970 —4— <br />
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