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Water Division 2,Colorado <br /> Case No. 12CW107 <br /> RULING OF THE REFEREE/DECREE OF COURT <br /> Page 2 <br /> 4. Name of Structures Subject to the Application: Town of Buena Vista Boating Park <br /> Structure Nos.2—4(collectively the`B.V.Park Structure Nos. 2-4"). <br /> 5. Description of the Subject Water Rights: The following recreational in-channel diversion <br /> ("RICD")water rights were adjudicated by the District Court in and for Water Division <br /> No.2, State of Colorado(the"Water Court")by decree in Case No. 04CW129 dated <br /> October 20, 2006("Decree"), for the Town of Buena Vista Boating Park Structures <br /> ("B.V. Park"). <br /> (a) Legal Description of B.V. Park Structure Nos. 2 -4. The planned location for these three <br /> structures were in the channel of the Arkansas River as follows: Structure No. 2 <br /> approximately 2000 feet downstream of the existing B.V. Park Structure No. 1; Structure <br /> No. 3,approximately 2150 feet downstream of the existing B.V. Park Structure No. 1; <br /> and Structure No. 4, approximately 2300 feet downstream of the existing B.V.Park <br /> Structure No. 1. <br /> The location of the existing B.V.Park Structure No. 1 that was decreed absolute in the <br /> Case No. 04CW129 was described as an in-channel diversion structure in the Southwest <br /> quarter of Section 9,T 14 S,R 78 W of the Sixth Principal Meridian,Chaffee County, <br /> Colorado,the centerline of which is more particularly described as follows: Beginning at <br /> a point on the Southwesterly bank of the Arkansas River from whence the Southwest <br /> corner of said Section 9, marked by a 2"aluminum cap stamped LS 20152 bears South <br /> 26°43'24"West, a distance of 3260.51 feet;thence Northeasterly and deflecting to the <br /> right a distance of 115.63 feet along the arc of a curve having a radius of 87.36 feet. A <br /> delta angle of 75°50'03",a chord of 107.37 feet and a chord bearing North 51°10'19" <br /> East to a point on the Northeasterly bank of the Arkansas River from whence said <br /> Southwesterly corner of Section 9 bears South 27°28'54"West, a distance of 3358.55 <br /> feet. <br /> B.V. Park Structure Nos. 2—4 were constructed after the decree was entered in Case <br /> No. 04CW129,and are located as follows: <br /> (i) Town of Buena Vista Boating Park Structure No. 2:A recreational in-channel <br /> diversion structure in the B.V. Park and in the channel of the Arkansas River, <br /> located within the NE1/4 SW1/4 of Section 9,T 14 S, R 78 W of the 6th P.M., <br /> Chaffee County, Colorado. The centerline of the structure was surveyed as <br /> follows: <br /> Beginning at a point on the Southwesterly bank of the Arkansas River,from <br /> whence the southwest 1/16th corner of said section 9,being marked by a 1 1/2" <br /> aluminum cap stamped LS 20152,bears South 61°55'07" West,a distance of <br /> 914.34 feet; <br /> Thence Northeasterly and deflecting to the right a distance of 123.61 feet along <br /> the arc of a curve having a radius of 90.00 feet, a delta angle of 78°41'32",a chord <br /> length of 114.12 feet and a chord bearing of North 76°33'49" East to a point on <br /> 58219 <br />