Colorado River Division 5 Vail RICD 08CW72 Application

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District reserves the right to make additional portions of the water right absolute based upon flows and use that occur while this application is pending. Mar Apr May June July Aug Sept Oct Total 54 227 400 400 351.1 84.8 67 48 absolute (cfs) Remaining 0 0 0 0 48.9 133.2 0 0 conditional (cfs) 6. Outline of work done to complete project and apply water to beneficial use. With respect to any remaining portion of the conditional water rights decreed to the Park that are not made absolute in this matter, the District seeks to retain the conditional status thereof by demonstrating its reasonable diligence. 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;.defense of the District's water rights, including the Park rights through the time and expense of final resolution of the appeal to the Colorado Supreme Court; and other actions that demonstrate reasonable diligence with respect to the subject conditional water rights. 7. Names and addresses of owners of land on which structures are or will be located, or upon which water is or will be placed to beneficial use: The structures which constitute the Park are located on land owned by the Town of Vail. WHEREFORE, the District seeks a decree of the Court ruling that the conditional water rights described at paragraph 3 above have been made absolute for recreational boating purposes in the amounts identified in paragraphs 4 and 5 above;that the District has demonstrated reasonable diligence with respect to any remaining portions of said conditional water rights thus retaining the conditional status thereof; and such other and further relief as this Court deems just and proper. •