Laserfiche WebLink
Town of Silverthorne <br /> Case No.04CW217 <br /> Page 8 <br /> and/or controlled by Silverthome. C.R.S. §37-92-102(6)(b)(III). <br /> 21. Water Available.Water is available for the claimed non-consumptive <br /> appropriation. <br /> 22. Can and Will.The waters claimed by Silverthome in this case can be and will <br /> be diverted, or otherwise captured,possessed,and controlled and will be beneficially used and the <br /> project can and will be completed with diligence and within a reasonable time. C.R.S. §37-92- <br /> 305(9)(b). <br /> 23. Silverthorne Entitled to Decree.Subject to the terms and conditions herein, <br /> Silverthome is entitled to a decree confirming conditional water rights for recreational hi- <br /> channel boating uses at the proposed in-channel physical control structures and devices in the <br /> amounts claimed during the claimed time periods with an appropriation date of December 31, <br /> 2004. <br /> • 24. CWCB Recommendation Considered.The Court has duly considered the <br /> recommendation of the Colorado Water Conservation Board to this Court filed on September <br /> 16, 2005. Colorado Water Conservation Board v Upper Gunnison River Water Conservancy <br /> Dist., 109 P.3d 585 (Colo.2005). <br /> DECREE <br /> 25. The foregoing Findings of Fact and Conclusions of Law are incorporated into <br /> this Decree by this reference. <br /> 26. The Court hereby grants the Application for conditional water rights for <br /> recreational in-channel boating uses at the in-channel physical control structures and devices <br /> described herein in the claimed amounts during the claimed time periods with an <br /> appropriation date of December 31,2004. <br /> 27. Silverthome shall provide such accounting for the water rights adjudicated herein <br /> as is reasonably requested by the Division Engineer. <br /> 28. Silverthome shall install adequate measuring devices as may reasonably be <br /> required by the Division Engineer. <br /> 29. The water rights and priority granted herein are based on the appropriation date <br /> contained herein and on the filing of the application in this case in the Water Court in the year <br /> of 2004. Said water rights and priority shall be administered as having been filed in 2004,and <br /> shall be junior to all water rights granted pursuant to applications filed in previous years.As <br /> between all water rights applied for in the same calendar year,priorities shall be determined by <br /> historical dates of appropriation and shall not be affected by the date of application or the date <br /> of entry of ruling. <br /> 30. The conditional water rights for the Town.of Sil.verthorne's Blue River <br />