Colorado River Division 5 Vail RICD 08CW72 Correspondence

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� w (5) Amounts decreed: The following monthly flow rates were decreed conditional at each of the structures in the Park in the quantities set forth below. Mar Apr May Jun Jul Aug Sept Oct 54 227 400 400 400 218 67 48 cfs cfs cfs cfs cfs cfs cfs cfs (6) Beneficial Use: Recreational boating purposes. 5. Claim to Make Water Rights Absolute for the Town of Vail Whitewater Park. All of the structures comprising the Park have been constructed, maintained and used for recreational boating purposes since the original decree was entered by the Water Court. The District is entitled to make absolute those flow rates that were put to beneficial use in any given month at the structures within the Park. Consistent with the terms of the original decree, the following amounts are made absolute based upon use of the structures in the Park and the flows at the Park since the original decree was entered. The amounts not yet made absolute are noted as remaining conditional. As discussed in Paragraph 6, the District has demonstrated reasonable diligence for the remaining conditional amounts not yet made absolute. Mar Apr May June July Aug Sept Oct Total 0 0 400 400 400 0 20.6 20.5 absolute (cfs) Remaining 54 227 0 0 0 218 46.4 27.5 conditional (cfs) 6. The District's Plan to Apply Remaining Conditional Rights to Beneficial Use. Within the past 6 years, the District has been diligent in the continued use and development of its conditional water rights. Activities include beneficial use of the amounts claimed absolute herein; maintenance and improvements to the Park structures; providing a venue for the annual Teva Mountain Games; and defense of the subject water rights in the appeal of the Water Court decree to the Colorado Supreme Court. These actions demonstrate reasonable diligence with respect to the subject conditional water rights. 7. Ruling of the Referee. The Referee, having examined the information submitted by the District, and having completed investigations necessary to make a determination in this matter, does hereby find and conclude that the statements in the application are true and that the application should be granted. The Referee hereby rules that the District has satisfied all necessary legal prerequisites and hereby orders that through reasonable diligence and application of its conditional water rights to beneficial use, the District has made absolute the following portions of its conditional 3