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Application of Chaffee County <br /> Case No. 12CW <br /> • Page3of6 <br /> consecutive days within the High Flow Period during which the RICD water rights shall <br /> be limited to 1,400 cfs(30-Day Period"),except for the 8 Event Days which shall fall <br /> within that 30-Day Period. Event Days do not need to be consecutive,but must occur on <br /> days when boating events are scheduled for one or both Boating Parks and/or on any day <br /> preceding such events,and must occur in the month of June. During the remainder of the <br /> High Flow Period that is not part of the 30-Day Period,the RICD water rights shall be <br /> limited to 700 cfs. <br /> (e) Beneficial Uses: The decreed beneficial uses for the RICD at each structure are boating, <br /> kayaking,tubing,rafting,floating,and canoeing. <br /> (f) Reduced RICD Calls. By settlement agreement set forth in a Memorandum of <br /> Understanding("MOU")dated July 24,2006, among the County and Objectors in Case <br /> No. 04CW 129,the County agreed under certain specified circumstances to reduce its call <br /> under the RICD water rights as described in the MOU to allow certain Recovery Year <br /> Exchanges and Limited Future Exchanges,as those terms are defined in the MOU. This <br /> Application is made subject to and consistent with that MOU. The reduced RICD call <br /> was incorporated in the Decree. <br /> (g) Remarks. The Decree also granted absolute water rights for the City of Salida Boating <br /> Park Structures("Salida Park")in the same amount as for the B.V. Park. The RICD <br /> water rights for both the Salida Park and B.V. Park are administered at the Wellsville <br /> gage or, if it becomes inoperable,then at such other gage(s)consistent with the Decree. <br /> The Salida Park RICD water rights are not the subject of this Application. <br /> 4. Prior RICD Statutory Findings. In conjunction with the adjudication of the subject RICD <br /> water rights, the Colorado Water Conservation Board held a timely public hearing and made <br /> recommendations to the Water Court regarding the statutory factors set forth at C.R.S. § 37-92- <br /> 102(6)and the Water Court made the required statutory findings in the Decree. <br /> 5. Evidence in Support of Claim to Make Absolute. The County requests that the Water <br /> Court enter a decree making the subject RICD water rights for B.V. Park Structure Nos. 2—4 <br /> absolute in their entirety for all decreed uses in their full decreed amount. The B.V. Park <br /> Structure Nos. 2—4 were constructed in 2007, 2005,and 2010 respectively,which mark the <br /> dates of first beneficial use. Since those dates ,the B.V. Park Structure Nos. 2—4 have been put <br /> to all the decreed beneficial uses at the decreed rates as measured at the Wellsville Gage <br /> (Wellsville Gage records attached as Exhibit A). The location of B.V. Park Structure Nos. 2—4 <br /> is generally depicted on the map attached hereto as Exhibit B. A more detailed legal description <br /> of the location of each structure follows: <br /> (a) Town of Buena Vista Boating Park Structure No. 2: A recreational in-channel diversion <br /> structure in the B.V.Park and in the channel of the Arkansas River, located within the <br /> NE1/4 SW1/4 of Section 9,T 14 S,R 78 W of the 6th P.M.,Chaffee County, Colorado. <br /> The centerline of the structure was surveyed as follows: <br /> • <br /> 57097 <br />