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

Town of Silverthome
Case No.04CW217
Page 6
8.7 Applicant acknowledges that the Vidler Water Company,inc. owns
decreed water rights in the Blue River Basin,known as the Willow Creek Unit,which were
decreed prior to the filing of the application in this case and which are senior to the rights being
sought herein.The sources of the Willow Creek Unit are Willow Creek,South Willow Creek,
and Salt Lick Gulch,tributaries of the Blue River.The Willow Creek Unit, located in Water
District No.36,was conditionally decreed by the District Court in and for the County of Summit
in Civil Action No.2371 on March 19, 1979, with an appropriation date of July 28, 1959,for
145 cfs.Findings of reasonable diligence for the Willow Creek Unit, totaling 145 cfs,have been
entered by the District Court in and for Water Division No. 5 in Case Nos.W-3865, 83CW78,
87CW246, and 95CW006.
9. Municipal Corporation. Silverthome is a municipality incorporated in the State
of Colorado and,therefore,is an entity authorized by law to appropriate a recreational in-channel
diversion. C.R.S. §37-92-103(4)and(10.3).
10. Reach of Stream Appropriate. The reach of the Blue River in which the Course
is to be located is an appropriate reach of stream for the intended recreational in-channel use.
C.R.S. §37-92-102(6)(b)(II).
11. Appropriative Intent. Silverthome has lawfully effected an appropriation of
water by demonstrating a specific plan and intent to divert the claimed amounts of water at the
claimed time periods and to apply such water to beneficial use,namely a reasonable recreational
experience for boating,rafting,and kayaking, in and on the water within the Course. C.R.S. §37-
92-103(3)(a). Silverthome has completed the"first step"toward the conditional appropriation
by showing the requisite appropriative intent accompanied by an open,physical demonstration of
that intent.
•
12. Beneficial Use. 1n-channel diversion for recreational purposes such as those
claimed in this case is a recognized beneficial use of water under Colorado law.C.R.S. §37-92-
103(4) and(10.3).
13. Control Structures.The amounts of water claimed and decreed herein will be
controlled in the water's natural course in the Blue River during the claimed time periods by
means of u-shaped dam structures and offset water deflector devices constructed or proposed for
• construction in the Course as described in paragraph 7 above.C.R.S. §37-92-103(7).
14. Diversion and Use.The controlling of the claimed amounts of water during the
claimed time periods by the proposed in-channel structures and devices and the use of such water
for the intended recreational in-channel boating purposes:
14.1 represents a reasonably efficient practice of diversion and beneficial use.
Alamosa LaJara Water Users Protection Assn v. Gould, 674 P.2d 914,934-5 (Colo. 1983);
C.R.S. §§37-92-102(2)(b),37-92-103(4)and(7);
14.2 represents the use of that amount of water that is reasonable and