Arkansas River Division 2 Chaffee County RICD 2-12CW107 Water Rights Absolute and Findings of Reasonable Diligence

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. Application of Chaffee County Case No. 12CW • Page 2 of 6 (a) Legal Description of B.V. Park Structure Nos. 2-4. The planned location for these three structures were in the channel of the Arkansas River as follows: Structure No. 2 approximately 2000 feet downstream of the existing B.V.Park Structure No. 1; Structure No. 3, approximately 2150 feet downstream of the existing B.V. Park Structure No. 1; and Structure No.4, approximately 2300 feet downstream of the existing B.V. Park Structure No. 1. The exact legal description for these structures shall be identified at the time they are made absolute. The location of the existing B.V. Park Structure No. 1 that was decreed absolute in the Case No. 04CW 129 was described as an in-channel diversion structure in the Southwest quarter of Section 9,T 14 S, R 78 W of the Sixth Principal Meridian,Chaffee County, Colorado,the centerline of which is more particularly described as follows: Beginning at a point on the Southwesterly bank of the Arkansas River from whence the Southwest corner of said Section 9,marked by a 2"aluminum cap stamped LS 20152 bears South 26°43'24"West,a distance of 3260.51 feet; thence Northeasterly and deflecting to the right a distance of 115.63 feet along the arc of a curve having a radius of 87.36 feet.A delta angle of 75°50'03", a chord of 107.37 feet and a chord bearing North 51°10'19" East to a point on the Northeasterly bank of the Arkansas River from whence said Southwesterly corner of Section 9 bears South 27°28'54"West,a distance of 3358.55 feet. (b) Source: The source for all structures is the Arkansas River. • (c) Appropriation Date: December 31,2004. (d) Amount: For each structure in the B.V. Park(and for each structure in the City of Salida Boating Park that was decreed absolute in Case No. 04CW 129),the RICD water rights are for the amounts and for the time periods set forth below,as measured at the Wellsville gage below the City of Salida: Time March 15—Thursday Friday before the July 1 - Aug. 16— Period before the last Monday in last Monday in May Aug. 15 Nov. 15 May —June 30 Flows 250 700-1800 700 250 (cfs) (adjustable) The adjustable flow rate from the Friday before the last Monday in May through June 30("High Flow Period")is determined by the County each year,at its sole discretion,but in consultation with the City of Salida and the Town of Buena Vista. Specifically, on or before April 1 of each year,the County shall notify in writing the Division Engineer,and any party that requested such notice, of 8 days in June during the High Flow Period when the water rights for the RICDs shall be 1,800 cfs("Event Days"). Similarly,on or before May 10 of each year,the County shall notify in writing the Division Engineer(and any party hereto that has requested such notice)of up to 30 IP 57097