Colorado River Division 5 Silverthorne RICD 04CW217 Unopposed Motion

• File Number: 04CW217
• Description: Unopposed Motion for Approval of Stipulation
• State: CO
• Basin: Colorado Mainstem
• Water Division: 5
• Date: 8/9/2006
• Author: Hill & Robbins P.C.
• Title: Unopposed Motion for Approval of Stipulation for Silverthorne RICD
• Water Supply Pro - Doc Type: Court Documents

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Town of Silverthorne
Case No.04CW217
Page 4
finds that the amounts claimed are the minimum amounts necessary to provide a reasonable
recreational experience during each of the above time periods,
8. Terms and Conditions. The water rights decreed herein shall be subject to the
following terms and conditions:
8.1 The water rights decreed herein shall not be administered in such a manner
as to effect a call for water for the purpose of getting water to the Course between the hours of
8:00 p.m. and 7:00 a.m.
8.2 If,for any reason,including,but not limited to the Course falling into a
state of disrepair,the Course is not used for a period of ten years or more when water is available
for use under the water right,then,pursuant to C.R.S. §37-92-402(11),a rebuttable presumption
of abandonment may arise for purposes of the abandonment list procedures.
8.3 The amounts for the recreational experiences described in Paragraph 7.4
above may be sought for each identified time period.However,during times when
administration of a call for a given recreational experience and amount by State water officials
would not in any event produce flows equal to or greater than ten-percent less than the amount
sought for that time period for that recreational experience,the call will be presumed futile for
that amount and that type of experience,but Silverthorne may seek to enforce an administrative
call for the next lower recreational experience and its corresponding flow amount.By way of
example,if a call would not in any event produce at least 540 cfs(600 cfs minus 10%(60))on
July 4 for Level Two flows,then Silverthorne could seek to enforce a call for 100 cfs for the
Level One flows. Likewise,if a call would not in any event produce at least 90 cfs(100 cfs
minus 10%(10))on September 10 for Level One flows,then Sily erthome would not seek to
enforce a call for 100 cfs for the Level One flows.
8.4 Applicant acknowledges that Colorado Springs has decreed water rights
and pending applications in the Blue River Basin that either were decreed or filed prior to the
filing of the application in this case and that those water rights are,or will be,senior to the rights
being sought herein,described as follows:
• 8.4.1. East Hoosier Ditch(40 c.f.s.),East Hoosier Ditch(20 c.f.s.), West
Hoosier Ditch(17 c.f.s.),date of adjudication: October 26, 1937;
8.4.2. Blue River Ditch(40 c.f.s.),Crystal Ditch(40 c.f.s.),Spruce Ditch
(60 c.f.s.),McCullough Ditch(60 c.f.s.),East Hoosier Ditch(50 c.f.s.),Hoosier Ditch(40 c.f.s.),
Hoosier Ditch(20 c.f.s.),Hoosier Tunnel (20 c.f.s.),Blue River, Crystal,Spruce,McCullough,
East Hoosier&Hoosier Ditches(50 c.f.s.), date of adjudication: March 10, 1952;
• 8.4.3. Upper Blue Lake Reservoir(2,140 acre-feet),Lower Blue Lake
Reservoir(1,006 acre-feet),Spruce Lake Reservoir(1,542 acre-feet),Mayflower Reservoir(618
acre-feet),adjudication date: March 10, 1952.