Colorado River Division 5 Silverthorne RICD 04CW217 Unopposed Motion

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Town of Silverthorne Case No.04CW2 17 Page 2 whether they have appeared or not. None of the water rights or structures involved herein are located within a designated ground water basin. 4. Opposition. Timely statements of opposition were filed by the Town of Dillon, the Colorado River Water Conservation District,the City and County of Denver acting by and through its Board of Water Commissioners,the Board of County Commissioners of the County of Summit, the Colorado Water Conservation Board("CWCB"),the Colorado Division of Wildlife,the Colorado Division of Water Resources, Trout Unlimited,the City of Colorado Springs, and Vidler Water Company,Inc. No other statement of opposition to the Application, as amended,has been filed,and the time for filing such statements has expired. 5. Stipulations. Silverthome entered into stipulations with[RESERVED]. The said stipulations were filed with and approved by this Court,and the terms thereof are incorporated herein. 6. CWCB Recommendation. On January 21,2005 pursuant to C.R.S. §§37-92- 102(5) and 37-92-305(16) Silverthome submitted a copy of the Application,as amended to the CWCB. After a public hearing held in Silverthorne on July 20,2005,the CWCB submitted its recommendation to this Court on September 16,2005. 7. Name of Structures. Blue River Whitewater Course("Course") which will be • located in the Silverthorne Whitewater Park(the approximate location of which is depicted on the map attached hereto as Exhibit A-1)includes three separate control structures(the approximate locations of which are depicted on the map attached hereto as Exhibit A-2). The structures are rock dam and drop structures that will direct the flow to pass through an opening of controlled width that will create a pooling effect upstream and control,concentrate,and direct the flow between specific points at a sufficient velocity and depth to produce a reasonable recreational experience in and on the water. 7.1 Legal Description of the Structures. The Course will be approximately 600 feet long,generally located within the channel of the Blue River in the town limits of the Town of Silverthome between the Interstate-70 overpass and the Colorado Highway 9 bridge as depicted on the map attached hereto as Exhibit A-2,in South 'A of Section 12,Township 5 South,Range 78 West of the 6th PM, Summit County,Colorado. The actual location of the Course shall be based upon the final location of Silverthorne's control structures. The • approximate locations of the center points of the three structures within the Course are as follows: Structure 1 located in the S/2 of Section 12,TSS,R78 W, 6th P.M.at a point 1050 feet from the south section line and 2380 feet from the east section line of said Section 12 Structure 2 located in the S/2 of Section 12,T5S,R78 W, P.M.at a point 1250 feet from the south section line and 2520 feet from the east section line of said Section 12 1